Clearing or Sealing a Drug Charge in Texas



A Possession of a Controlled Substance (PCS) arrest can follow a person for years, even when the case is dismissed or the individual is never convicted. Texas law provides several avenues to clear or seal these records, but the process depends entirely on the specific outcome of the case. This article explains, in plain terms, when someone can pursue an expunction, when a nondisclosure order is available, and when no relief exists under Texas law.

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Understanding Record Clearing in Texas

Texas offers two primary mechanisms for cleaning up a criminal record: expunctions under Chapter 55A of the Texas Code of Criminal Procedure, and orders of nondisclosure under Chapter 411 of the Texas Government Code. Although both forms of relief remove the record from public view, they operate differently. Expunctions destroy the arrest record entirely, while nondisclosure orders merely seal the record from public access but allow certain government agencies to retain it.

The critical factor is always the case outcome—acquittal, dismissal, deferred adjudication, conviction, or no-bill. Each outcome has its own rules, waiting periods, and statutory requirements.

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Expunction After an Acquittal

An acquittal provides the cleanest and most direct pathway to clearing a PCS arrest. Under Article 55A.051(a)(1), a person who is acquitted of an offense is entitled to an expunction. Texas appellate courts have repeatedly confirmed that once a petitioner proves eligibility under this subsection, the judge has no discretion to deny the request. The expunction must be granted.

An acquittal does not require waiting periods, district attorney approval, or a statute of limitations analysis. The individual simply must demonstrate that the case resulted in an acquittal and that all related charges from the same arrest were likewise resolved in their favor.
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Expunction for Dismissed PCS Charges or No-Bills


When a PCS charge is dismissed—or when a grand jury returns a no-bill—the legal analysis becomes more detailed. Under Article 55A.051(a)(2), the person must show that they were released from arrest, that the charge did not result in a conviction, that they did not receive court-ordered community supervision (other than Class C), and that the applicable statute of limitations has expired.


Because PCS charges are felonies under most circumstances, the statute of limitations is generally three years. As a result, many expunction petitions for dismissed PCS cases are filed after the three-year waiting period. However, prosecutors may expedite the process by filing a written certification under Article 55A.052 stating that they no longer need the records for investigation or prosecution. When such a certification is filed, the court may grant the expunction immediately.


Texas also restricts repeated expunctions under this subsection. A petitioner must file a sworn affidavit confirming they have not previously received an expunction under Article 55A.051(a)(2).


Waiting Periods for Expunction


Texas law imposes mandatory waiting periods before a dismissed charge becomes expunction-eligible unless the prosecutor waives the waiting period. These waiting periods depend on the level of the offense:


For felony PCS charges, the waiting period is three years from the date of arrest, unless the district attorney files a written waiver. If the arrest involved multiple charges, or if any offense arising from the same transaction was a felony, the three-year period applies to all charges.


Deferred Adjudication and Nondisclosure


Many PCS cases are resolved through deferred adjudication community supervision. In these situations, expunction is generally unavailable because Article 55A.051 prohibits expunction where the defendant received court-ordered community supervision other than Class C.


However, a nondisclosure order under Government Code § 411.0726 may still be possible. A person becomes eligible for nondisclosure after they successfully complete deferred adjudication, receive a discharge and dismissal under Article 42A.111, wait the required period (usually two years for most PCS offenses), and meet all requirements under § 411.074, including:


No new convictions during the waiting period

No disqualifying offenses in their criminal history

Compliance with all terms of deferred adjudication


A nondisclosure does not erase the record but seals it from the public. Employers, landlords, and most private background check companies cannot access it.

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Convictions for PCS: Limited or No Relief


If a PCS case resulted in a conviction—whether through jail time, probation, or time served—Texas law generally prohibits both expunction and nondisclosure. A final conviction is considered a permanent criminal record unless a rare form of post-conviction relief applies, such as:


A pardon

A set-aside for certain juvenile matters

Vacatur based on actual innocence (extremely rare)


For the vast majority of adults convicted of PCS, no statutory record-clearing remedy exists.


Procedural Requirements and Burden of Proof


Expunction and nondisclosure matters are civil proceedings, not criminal cases. The petitioner carries the full burden of proving statutory compliance. Texas courts have repeatedly emphasized that expunction statutes are mandatory and exclusive. If even one element is not satisfied, the petition must be denied.


Relief cannot be granted based on equitable arguments, good conduct, hardship, or personal circumstances. Only strict statutory compliance matters.


Conclusion


Whether a PCS charge can be cleared or sealed depends entirely on the outcome of the case. Acquittals provide mandatory expunction rights. Dismissals and no-bills may also qualify for expunction after the statute of limitations expires or if the prosecutor agrees to an early waiver. Deferred adjudication cases are not eligible for expunction but may qualify for nondisclosure after strict waiting periods and statutory compliance. Convictions offer almost no relief.


Because of the complexity of Chapter 55A and Chapter 411, and because each case involves unique procedural requirements, individuals should have their case evaluated by an experienced record-clearing attorney to determine the best path forward.

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