After you are arrested for a crime, there is a record of that arrest that can follow you around for the rest of your life. A criminal history can make it difficult, if not impossible, to get a job, rent an apartment, be accepted into college, or take out a loan. This can be especially problematic if you have been arrested on charges related to marijuana. Even though marijuana is considered by most people to be a non-harmful drug, and it has been legalized in some states, it is still an illegal substance in Texas. Arrests, charges, or convictions for marijuana possession or distribution can create a permanent black mark on your record.

Fortunately, in some cases, you may be able to have your record "expunged," which means that an arrest or a criminal charge will be erased from your criminal history. If you are concerned about how a marijuana arrest may affect your future, you will want to understand whether expunction will be a solution that will allow you to clear your record.

Requirements for Expunction in Texas

To be eligible for an expunction in Texas, you must meet certain criteria. Expunction is generally an option if you were not convicted of a crime. For example, you may be eligible for an expunction if you were arrested but never charged with a crime or if you were found not guilty or your case was dismissed. You may also receive an expunction if you were convicted of a crime, but you later received a pardon.

In most cases, criminal charges related to illegal drugs will involve accusations that a person was in possession of controlled substances. However, there are other items that may also be related to drugs, including manufacturing equipment, packaging materials, or devices used to consume drugs, and possession of these items may also lead to criminal charges. For those who are involved in criminal cases related to drugs, it is important to understand how the laws in Texas address the possession of drug paraphernalia.

What Is Drug Paraphernalia?

Under Texas law, drug paraphernalia may include any equipment, products, or materials of any kind that are used, intended for use, or designed for use in planting, cultivating, growing, harvesting, manufacturing, compounding, processing, packing, injecting, ingesting, or inhaling controlled substances. In general, anything that can be used to cultivate, package, or consume illegal drugs can be considered drug paraphernalia. Common examples include bongs and pipes used for smoking marijuana or methamphetamine pipes. Other examples include syringes and needles used for injecting drugs like heroin. Devices used to package and distribute drugs may also be considered paraphernalia, such as scales and other measuring devices used to weigh drugs or baggies used to package and distribute substances. 

It is important to note that even items that are not specifically designed for use with illegal drugs can still be considered drug paraphernalia under Texas law. For example, a regular kitchen spoon can be considered drug paraphernalia if it is being used to cook methamphetamines. Likewise, an otherwise innocuous piece of paper can be considered drug paraphernalia if it is being used to roll marijuana joints. While these items would not usually be considered paraphernalia on their own, possession of drugs alongside certain items may result in charges related to paraphernalia being added to other drug charges.