Harris County has been dismissing and diverting low-level marijuana cases for years. The arrests, however, are still in the system — and they will stay there until an expunction is granted. Brian Foley explains the process in this video.
Who qualifies
Under Code of Criminal Procedure Chapter 55, you are entitled to an expunction of a marijuana arrest if:
- You were acquitted at trial;
- The case was dismissed and either the statute of limitations has expired (two years for a misdemeanor) or the dismissal was for a reason indicating lack of probable cause, or a set waiting period after arrest has passed (180 days for a Class C, one year for a Class B or A, three years for a felony) with no charge filed;
- The grand jury no-billed a felony;
- You completed a pretrial intervention or diversion program; or
- You received a pardon.
You are not eligible if the case ended in a conviction or in deferred adjudication (other than a Class C) — those go the nondisclosure route.
The Harris County diversion wrinkle
People who completed the Misdemeanor Marijuana Diversion Program were often never formally charged — they received a citation or were released at the scene. There is still an arrest or detention record, and it is expungeable. Because no case number was ever assigned, the petition requires more careful drafting to identify the record to be destroyed.
What the order does
The court orders DPS, the arresting agency, the county clerk, the district clerk, the DA, and any other agency named in the petition to destroy their records of the arrest — and to notify private background-check companies that purchased the data. Once granted, you may lawfully state, under oath, that the arrest never occurred. The single exception: you must disclose it in a subsequent criminal proceeding if asked.
The process
Confirm eligibility and gather the arrest information; file a verified petition in a Harris County district court; serve the agencies; attend a brief hearing (uncontested petitions are typically granted); and deliver the signed order to each agency. Expect two to four months.
Call or text (713) 703-1718 to find out whether your marijuana case qualifies.