Legal Question in Criminal Law in Texas

possession of drug para

my son was ticketed for the above,as the pipe was found in the back seat of his car where three other indiviguals were sitting.the officer stated in your car it is yours. can this be deferred and can it be removed from his record ?


Asked on 4/18/07, 12:32 am

2 Answers from Attorneys
Keith Engelke Law Office of S. Keith Engelke

Re: possession of drug para

If the offense did not involve a child or did not occur in a drug free zone, it is eligible for deferred adjudication. Once he sucessfully completes the probation he would be eligible to file a petition for nondisclosure which would remove it from records distributed to private agencies. However, law enforcement and certain governmental agencies and hosptitals would have access to the full record.

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Answered on 4/18/07, 2:12 am
TC Langford Langford Law Office

Re: possession of drug para

I agree with Mr. Engelke's response, but wanted to add that depending upon the totality of circumstances, it might be possiblet to get it diverted from prosecution. It is unusual, but if successful, results in a dismissal and eventually an expunction (two years later).

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Answered on 4/18/07, 8:28 am


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