June 23, 2016

Asked 6/21/2016 – Houston, TX

So i got 2 years of probation and have been on probation for 6 months and i am realizing how hard it is to find a good job. I am only 19 years old it’s my first offense, i had a court appointed lawyer that I didn’t really like, hell I didn’t even know what was going on I just went with whatever came to me. I was originally charged with 7.2 grams of psilocybin, approximately 175 grams of Promethazine. So 2 felonies I guess of possession of controlled substance. Well my court appointed lawyer got the psilocybin dropped and I am on probation for the promethazine. My ex-girlfriend was charged with marijuana. I got caught and went to jail in Harris County, Houston, Texas because that’s where i was living at the time with my grandparents because I just got a job for southwest airlines, but I lived in Edmond, Oklahoma and that’s where my probation was transferred. Well anyways just wanting to know what I can do because I am so blind on this situation and want this expunged

Answer

Expunction is not available on cases where probation was granted. It may be possible for an order of non-disclosure to be entered if you were granted deferred adjudication probation, but you must 1) successfully complete the probation, 2) have the case dismissed, and in felony matters 3) wait 5 years from the date of the dismissal to file the petition for non-disclosure. Finish your probation, and then contact a local attorney.

About the author 

Grant St. Jullian III

Bachelor of Science in Chemical Engineering – 1979 Univ. of Pennsylvania
Doctor of Jurisprudence 1982 University of Texas @ Austin
Licensed by the Supreme Court of Texas since 1982.

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