The call usually comes a year or two after the case was dismissed: a job offer, a background check, and a rescinded offer over a marijuana arrest the client thought was gone. Brian Foley explains why it wasn't — and how to make it gone — in this video.
Where the record lives
An arrest creates entries in at least four places: the arresting agency's records, the Harris County District Clerk or County Clerk's case index, the DA's file, and the DPS Computerized Criminal History system. Private background-check companies buy DPS and county data in bulk. A dismissal updates the disposition in those systems — it does not remove the arrest. The result on a background report reads: "Possession of Marijuana — Dismissed." Many employers stop reading at the first three words.
What an expunction changes
An expunction order under Chapter 55 directs every one of those agencies to destroy the record and to notify the private vendors to do the same. After the order is complete, a background check returns nothing, and you may lawfully answer "no" when asked if you have been arrested — on job applications, apartment applications, and most licensing forms.
Who this affects most
Anyone in a licensed profession (nursing, teaching, real estate, commercial driving), anyone applying for federal or security-clearance positions, anyone applying to rent in a competitive market, and anyone whose immigration status depends on a clean record. For these people, the dismissal was necessary but not sufficient.
The process in Harris County
A verified petition is filed in district court naming every agency with a record. The agencies are served and have an opportunity to object (they rarely do when eligibility is clear). A hearing is set — typically 30 to 60 days out — and the order is signed. The order is then sent to each agency for compliance. Total time: roughly two to four months. See eligibility and waiting periods.
If you had a marijuana case dismissed in Harris County and have not obtained an expunction, the record is still there. Call or text (713) 703-1718 and we will confirm eligibility and get it filed.