January 28, 2016

Asked 1/26/2016 ago –

I had a marijuana possession charge that was all ready dismissed.

Answer

You may be eligible for an expunction or non-disclosure, depending on whether the case was a felony or misdemeanor, when the case was dismissed and the grounds for the dismissal.. Generally, if a plea was entered on your case and the dismissal was entered after you completed certain conditions of probation, you would be seeking a non-disclosure. On felony cases, you must wait 5 years after the dismissal before applying for an order of non-disclosure; for misdemeanor POM cases, you can apply for the non-disclosure immediately after dismissal. If your case was dismissed after a trial where you were found not guilty, you are entitled to an immediate expunction. If your case was dismissed upon motion by the DA, the case never went to trial and you never entered a plea, you must generally wait until the statute of limitations expires before requesting an expunction. I know this sounds complicated, so call a local attorney who should be able to look up your case and tell you gown you should proceed.

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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