What types of Criminal Cases can I Expunge? When is Expunction Available?

I used to practice in an area where you had the right to have any offense Expunged, even if it resulted in a Conviction.  Obviously it was up to the discretion of the Judge, but a person was afforded the opportunity to clean up their life and move beyond a criminal conviction.  Most common were one-time offenders, who had committed crimes in their youth, typically right around 18-20 years old.  By the time they were 25, they had matured past the typical student/young adult shoplifting offenses, gotten a job, and moved on.  When the Judge saw the person was doing well, with no new offenses, a job, a family, etc..., the record was Expunged.

Texas, however, subscribes to the creed that 'once a criminal, always a criminal.'  Why do I say that?  Because in Texas there is no right to an Expunction on a case that ended in a Conviction.  There are a handful of exceptions or course, such as a person being convicted of underage drinking, which in limited circumstances can be Expunged; but for the most part, once convicted, that offense will remain on your record for your life.

So what can be Expunged? The answer is actually fairly straightforward.  In Texas, a criminal offense can only be Expunged if the case resulted in a Dismissal AND the Dismissal was not the result of a completed Deferred Adjudication probation.  There are a few more questions that need to be asked, such as "did the original arrest result in a final conviction on any reduced or less serious offense?"  If the answer is yes, then you may not be able to Expunge the offense, but more research would be needed.

Expunctions, Motions for Non Disclosure, and Pardons are complex areas of the law, and it's best to talk with a local attorney to find out which options you may have to clear your criminal record.

What is a Texas DPS Departmental Driver's License Suspension? How can I drive legally?

In Texas, there are several ways your Texas Driver's License can be suspended.  Usually your driver's license is suspended from tickets, surcharges, or criminal offenses, but in certain instances, DPS will suspend your license even if you get a warning.

A DPS Departmental License Suspension is an administrative suspension, meaning the suspension is not a criminal punishment.  This "changing of words" is nothing new, and certainly not unique to Texas or DPS; Courts have held throughout the country that it's legal to punish you twice for the same offense, as long as they 'call' one of the punishments "administrative."

For instance, lets assume you are driving on a suspended license.  You get pulled over, given a ticket, and then pay that ticket.  The Judge tells you that your license is now suspended (because of the ticket) for 6 months.  You understand and figure you'll deal with it.

But then, you get a letter in the mail saying DPS, on their own, is ALSO suspending your Texas Driver's License for another year -- ON TOP OF the Court suspension, and based on the same ticket.  You call DPS and say the Judge only suspended your Texas Driver's License for 6 months, but DPS will reply "it's a Departmental Suspension."

DPS will suspend a person's license if they believe they can prove you were driving at a time when your license was suspended.  Since all tickets are routed through DPS, even if you're given a WARNING for your suspended driver's license, and just given a seat belt ticket by the officer during a traffic stop, DPS WILL SUSPEND YOUR LICENSE.

So how do you fight the Departmental Suspension?  You have the right to a hearing, which can be requested WITHIN 10 OR 15 DAYS upon receiving the suspension notice in the mail.  If you miss that date, DPS will say you have waived the hearing and the suspension will stand.  Unfortunately, DPS will not forward mail, so even if you moved and forwarded mail properly through the post office, the suspension letter will not be forwarded.

So if you're having to deal with a Departmental Driver's License suspension in Texas, and have missed the 15 day appeal or ALR hearing, call us right away to talk about other options for your Texas Driver's License.

How a Possession of Marijuana in Austin TX can Suspend your License Forever -- and How to Avoid It.

New laws are being enacted every year, and many are tailored to punishing 'criminals' in creative and illogical ways.  I use 'quotations' over 'criminals' because this article is about Marijuana, and Possession of Marijuana in Texas; and since 10+ states have now either legalized Marijuana, Medical Marijuana, or decriminalized the possession of marijuana.

In Texas, a conviction for Possession of Marijuana (POM) will remain on your criminal record forever, unless the offense is pardoned by the Governor.  There is no right in Texas to Expunge a conviction.  But aside from the potential hardships incurred from a conviction for POM, there is another penalty: a Suspended Driver's License.

Texas DPS will Suspend your Texas Driver's License for SIX MONTHS if you are convicted of POM.  And what's worse, the suspension will last MORE than six months, possibly indefinitely, unless you take the 15 hour Drug Offender Education Program.  once that class is taken, DPS will release the hold on your license, and you will then be eligible for reinstatement (after of course paying close to $135 in DPS reinstatement fees).

While it seems minor (and the country in general seems to agree that Possession of Marijuana for personal use IS minor), a conviction can be costly.  If you have a pending POM, call us for a Free Phone Consultation to discuss how to possibly avoid a conviction on your record, and avoid fees and license suspensions.

Medical Marijuana and Texas: Will your Medical Marijuana Prescription/License be valid in Texas?

Medical Marijuana is now legal in many States, including: Alaska, Arizona, California, Colorado, Connecticut, DC, Delaware, Hawaii, Maine, Massachusetts, Michigan, Montana, Nevada, New Hampshire, New Jersey, New Mexico, Oregon, Rhode Island, Vermont, and Washington.

So what happens if you move from one of those states, with a Medical Marijuana License or Card, and move to Austin, Texas?  Is the Medical Marijuana card legal, and can you possession marijuana for medical purposes?  What about cannabis you already had and brought with you?

Unfortunately, the answer to all of the above is a short "no."  In Texas, Cannabis and Marijuana is illegal, regardless of whether another state issued the Cannabis Prescription.  Below, I've listed some frequent questions people ask me:

My Medical Marijuana card is legal and the same as any other medication; Why is it illegal in Texas?  Under the US Constitution, each State may enact their own laws and control their own boundary's, as long as that law does not interfere with or counter a federal law.  Texas does not need to comply with other State laws, unless that law involves a certain right that has been incorporated by the federal government (such as most of the bill of rights).  Currently, Medical Marijuana is not one of those specific incorporated rights, so Texas is free to regulate Marijuana as they wish.

Is it a defense against a POM Arrest if I have the Medical Marijuana card? No, it is NOT a defense. Marijuana is very much illegal in Texas, and if you're unlucky enough to be caught outside of Austin, Travis County, you can end up in jail and/or on probation.  In Travis County, you can usually (with an Attorney) work out a decent plea bargain, but it'll be costly and time consuming.

Can I still grow plants in Texas like I did in California (or any other state)?  No, Cultivation of Cannabis is still illegal in Texas.

What about my Federal Right of Interstate Travel and other rights that allow me to move in the USA? Marijuana Possession is still illegal under Federal Laws, including both interstate travel and intrastate possession.  Because of this, there is no right of interstate travel and other federal rights that you might have with other things, like a Driver's License, etc...