How can I remove a possession of paraphernalia charge from my criminal record?

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How can I remove a possession of paraphernalia charge from my criminal record?

Asked on December 29, 2013 under Criminal Law, Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

 

 

"Expungement" is a term used when referring to a process of cleaning up your criminal record. In this process you request that the court reopen your criminal case, withdraw the plea or guilty verdict, dismiss the charges, and re-close the case without a conviction. In effect, you are no longer a convicted person. However, the case record itself will still exist, but the outcome of the case in will no longer be your plea or conviction, but instead dismissed in the "Interests of Justice," or "IOJ".

 

 

Not all convictions can be dismissed. Expungement is limited to cases in which the defendant convicted of a misdemeanor or a felony that could have been charged as a misdemeanor, and was sentenced to county jail time, probation, a fine, or a combination of those three. Additionally, the Penal Codes permitting expungement of criminal records expressly prohibit certain types of convictions from being dismissed. Most of these exceptions involve serious vehicle code violations (those that result in two or more points on your driving record) or sexual offenses against minors.

I suggest that you consult an attorney in your locality practicing criminal law to see if an expungement would help you. One on attorneypages.com can be found in your locality.

 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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