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Barrister
Barrister, Criminal Defense Law
Category: Criminal Law
Satisfied Customers: 36226
Experience:  16 years practicing criminal defense.
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I was married to a man in Texas who was using drugs. We were

Customer Question

I was married to a man in Texas who was using drugs. We were living with several people who were also users and selling drugs. In 1971 we were all arrested and charged with drug possession. my husband was already in jail for theft. I was convicted of possession of drug paraphernalia and received a 2yr probation sentence, which I served. I have never been arrested or convicted of anything since then. Even so, I have been eliminated many times from good employment opportunities over the years because of this conviction. It was 44 years ago! Can this conviction be expunged, or can I qualify for a gubernatorial pardon to clear it from my record? Thank you!
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Barrister replied 1 year ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Under Texas law you would first have to obtain a pardon, and that then you could then apply for expunction.

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Right to Expunction
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(a) A person who has been placed under a custodial or noncustodial arrest for commission of either a felony or misdemeanor is entitled to have all records and files relating to the arrest expunged if:
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(1) the person is tried for the offense for which the person was arrested and is:
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(A) acquitted by the trial court, except as provided by Subsection (c) of this section; or
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(B) convicted and subsequently pardoned;
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You would need to contact thee Texas Board or Pardons and Parole and file a petition with the Clemency Section to have the governor grant a pardon. There is a set of forms that you would need to fill out and submit.

The Clemency Section processes clemency requests and is a source of information on clemency. The Clemency Section mails out pardon application packets, analyzes and researches clemency requests, and prepares clemency files for consideration by the board. The Section may be reached at(###) ###-####from 8:00 a.m. to 5:00 p.m. Monday through Friday.

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There are hundreds if not thousands of petitions filed each year, and very few granted, but it is worth a shot..

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thanks

Barrister