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Marijuana possession is not considered as a small crime in Lubbock. The Lubbock County courts look at marijuana possession as a serious offense, especially since the possession and use of marijuana can sometimes lead to individuals using and abusing other drugs. The consequences of aLubbock marijuana possession charge can be damaging if you are a student, and have a long-lasting impact on your future. If you face possession charges, an experienced marijuana possession lawyer can assist examine existing evidence and work to build you a strong defense.
One of the long-term consequences of a Lubbock marijuana possession charge is that it will be on someone’s criminal record, and will come up during any background checks that are done. If they are actually convicted for the possession of marijuana case, then that conviction could stay on their record for the rest of their lives.
There are some new provisions under law that, if a person’s offense took place on or after September 1, 2015, then even if the person is convicted of the marijuana case, if it is truly a person’s first offense that a person did not have any other conviction other than a traffic ticket, after completion of the sentence, two years goes by and during that period of time, they have no other charges, no other convictions, then it might be possible to get it sealed, but expungement still will not be possible.
If a person is convicted but gets one day in jail as punishment for possession, if the qualify, their attorney could file a motion for non-disclosure if that offense happened on or after September 1, 2015. The attorney would file it two years from the time that the person was released from jail.
But say the person got two years of probation on that marijuana case, then they have to finish the two years of probation and then two years from the date that they got off probation, again during that whole period of time with no other convictions other than a traffic ticket, and if it was on or after September 1, 2015, when the initial offense happened, then a person may be eligible for a motion for non-disclosure.
If a person gets a deferred probation, which means in Texas that the person pleads guilty, but the judge withholds the finding of guilt so there is no conviction that puts them on deferred, then when they completely deferred, they would be eligible for a motion for non-disclosure.
One thing an attorney can do in order to mitigate the consequences of a Lubbock marijuana possession charge is file a motion for non-disclosure. A motion for non-disclosure is not an expunction. What it attempts to do is to seal the record so that basically most non-government, non-law enforcement entities looking at the background check may not see that arrest—for example, if they are running a background check for general employment.
However, that always will be viewed by the police and the prosecutor and then there is a litany of government agencies, about 22 to 24 government agencies, that can see behind it. Things like the Real Estate Board, the teaching board, the Board of Law Examiners; if it is a professional type board or license, will be able to see that the person had a drug case in the past.
If the offense was before September 1, 2015, then the person that pled guilty to the marijuana offense would not be able to do any type of motion for non-disclosure and that will be on the person’s record for the rest of their life unless the person received a governor’s pardon, which is a very slim chance of happening.
Importance of a Lawyer
The consequences of a Lubbock marijuana possession charge can be life changing which is why if you face marijuana possession charges, contacting a skilled criminal attorney is the best way to start making your case.
When a knowledgeable DUI lawyer handles a marijuana case, they can look at what options are there so that they can work out a deal and make a resolution that would result in the case ultimately being dismissed. If the case is dismissed then the lawyer can come file an expungement and remove it from a person’s criminal background check and remove it from everybody except potentially the FBI.