Attitudes toward marijuana have changed; background checks have not. A possession case from a decade ago is still the first thing an employer sees. Brian Foley explains how to clear it in this video.
If the case was dismissed, no-billed, or diverted — expunction
An expunction destroys the record. You qualify if the marijuana case ended in a dismissal (after the statute of limitations, or earlier if the dismissal was for lack of probable cause or similar reasons), an acquittal, a grand jury no-bill, or completion of a pretrial diversion program. Harris County's Misdemeanor Marijuana Diversion Program — where you were never formally charged — leaves an arrest or citation record that can also be expunged. See our marijuana expunction video.
If the case ended in deferred adjudication — nondisclosure
A first-time misdemeanor marijuana deferred adjudication is sealed automatically when you are discharged, provided you had no prior convictions or deferreds. If you had a prior, or the case was a felony (possession over four ounces, or delivery), you can petition for nondisclosure — immediately for misdemeanors, after five years for felonies. See sealing eligibility.
If you were convicted — nondisclosure
A first-time misdemeanor marijuana conviction — jail, probation, or fine — can be sealed by petition after the sentence is complete. Possession of marijuana is not in the two-year-waiting-period group, so the petition can generally be filed as soon as the case is closed and any probation is discharged. A felony marijuana conviction cannot be sealed.
What a marijuana record is not
It is not a family-violence finding, a sex offense, or one of the other permanent disqualifiers. That means a marijuana case almost never blocks you from sealing other records, and it almost never blocks you from sealing itself. The exception is timing: a conviction for any other offense during the applicable waiting period restarts the clock.
The process
Confirm eligibility from the court records; file the petition or expunction in the right court; serve DPS and the agencies; attend the hearing; deliver the order. Two to four months in Harris County for an uncontested case. Call or text (713) 703-1718 to find out where your case stands.