Asked 1/27/2016 – Houston, TX

I got charged with possession of 5-50lbs of marijuana and in March 2015 I took a deal of deferred adjudication. I am on it for 5 years total but was told I can get off early after I pay off my fees. Texas recently legalized marijuana and I’m trying to see if it’s possible for me to get this felony off my record or lowered to a misdemeanor. I got accepted into a UT health program in Houston but was denied due to the felony. I was told by the Dean that she will save my spot as long as I get the felony off. I am trying to move on but the laws make it extremely hard to get a regular white collard job. Is this even possible for me to get it lowered? I am also seeing a parole officer ever 3 months instead of monthly bc I am considered low risk.

Answer

A disposition has been entered in your case, so no, you can’t change the deal. Your case is also governed by the law in effect at the time. You can request early release from your deferred adjudication probation if you serve 1/3 of the probationary period and complete all the conditions of probation. Once the case is dismissed, you can petition the court for an order for non-disclosure after 5 years have past and you haven’t gotten into any more trouble.