A drug charge on your criminal record can follow you for years, affecting your job prospects, housing opportunities, and personal reputation. For many people in San Antonio and throughout Texas, the question arises: Can this mistake be erased? The answer depends on several factors, including the outcome of your case and the type of charge that has been filed against you.
Here, our experienced Bexar County criminal defense attorneys at Peek Law Group explain when and how a drug charge may be expunged in Texas—and what legal options you may have to protect your future.
What Is Expungement in Texas?
Expungement, also known as expunction, is a legal process that permanently erases an arrest or charge from your criminal record. If your case qualifies for expungement, it is as though the charge never happened. Once granted, the court orders all government agencies to remove or destroy any records of the arrest, charge, or court proceedings.
However, Texas law is particular about who qualifies for expungement. Not every drug charge is eligible, and many convictions cannot be erased without a pardon. That’s why it’s essential to consult with an experienced drug defense attorney before assuming you’re out of options.
When Is a Drug Charge Eligible for Expungement?
Whether a drug charge can be expunged depends largely on the outcome of your case.
Here are the most common scenarios where expungement may be available:
- The charges were dismissed and not refiled.
- You were found not guilty by a judge or jury.
- You were arrested but never formally charged.
- You successfully completed a pretrial diversion program.
- You were convicted but later pardoned by the Governor.
Each of these outcomes has different waiting periods and procedural steps, and the law may require that certain timeframes pass before a petition for expunction can be filed.
What If I were convicted of a Drug Offense?
If you were actually convicted of a drug charge, expungement is generally not available—unless you receive a pardon. However, you may still be eligible for an Order of Nondisclosure, which seals your record from public view but does not destroy it.
An Order of Nondisclosure is available in some cases where you completed deferred adjudication successfully. While law enforcement and certain government agencies will still have access to your record, employers and the general public will not. This can make a meaningful difference when applying for jobs or housing.
How Can a Criminal Defense Lawyer Help?
At Peek Law Group, our Board Certified criminal defense attorneys have helped clients throughout San Antonio and Bexar County explore options for clearing their records.
We carefully evaluate:
- The circumstances of your arrest and court proceedings.
- Whether you meet eligibility requirements under Texas law.
- The best legal pathway—expunction or nondisclosure—to protect your future.
We also prepare and file all legal documents, represent you in court if necessary, and fight to ensure that your record reflects the truth, not just a past mistake.
Call Our San Antonio Criminal Defense Attorneys Today
If you or a loved one is hoping to expunge a drug charge in Texas, contact Peek Law Group at (512) 474-4445 or fill out our online form for a confidential consultation. We’re ready to help you take the next step toward a clean slate and a brighter future.
