You did what the court asked after your drug case in Midland, and you expected the charge to disappear, but then a job or apartment background check brought it all back up. A charge you thought was behind you is now costing you interviews, leases, or school opportunities. It feels like you are being punished all over again for something you already handled in court.
People across Midland and West Texas run into this same problem after a drug arrest or case. The record shows up when an employer or landlord searches your name, even if the case was dismissed or you completed deferred adjudication years ago. Understanding what options you actually have under Texas law is the first step toward getting control of your record instead of letting it control you.
At Sarabia Law Firm, based in Odessa and Midland, we review Midland County case files, DPS criminal history reports, and prior plea paperwork every week for people in your position. This article walks through how expungement and related tools work for drug charges in Midland so you can see where you might fit and what your next step should be.
How Drug Charges Follow You In Midland
A drug arrest in Midland can follow you long after the courtroom process ends. When someone is arrested, information is sent to the Texas Department of Public Safety (DPS), and a case is opened in Midland County courts. Even if the charge is dismissed or resolved through deferred adjudication, the record usually remains unless additional legal action is taken.
For many people seeking to expunge drug charges in Midland, this lingering record becomes the real problem.
Employers, landlords, and schools often rely on private background check companies that pull data from DPS and county court databases. A dismissed possession charge from years ago may still appear as a drug arrest, without a clear context. In the Permian Basin, where many jobs involve safety-sensitive oilfield work or driving, any drug history can raise red flags. Insurance requirements and strict hiring policies amplify the impact.
As a result, a single drug case can affect employment, housing in tight rental markets, and educational opportunities. That is why our Midland drug crimes attorneys focus not only on courtroom outcomes, but also on long-term record-clearing strategies that help clients regain control of their future.
Expunction vs. Nondisclosure For Drug Charges In Texas
In Texas, expunction and nondisclosure are different remedies with different effects. Understanding the distinction is essential if you want to expunge drug charges in Midland or determine whether sealing your record is the better path.
Expunction
- Court-ordered deletion or removal of arrest and case records
- DPS public criminal history entry removed
- Many agencies are required to destroy or return records
- You can generally deny the arrest in most private settings
Order of Nondisclosure
- Does not erase records
- Prohibits most public entities and private background companies from releasing the information
- Law enforcement and certain agencies can still see the record
Eligibility depends on how the case ended. A dismissal without a plea deal may qualify for expunction. Deferred adjudication usually does not qualify for expunction but may qualify for nondisclosure. A straight conviction often qualifies for neither. Midland drug crimes attorneys regularly explain these distinctions because many people assume all record-clearing works the same way, when Texas law draws careful lines between remedies.
Who Can Expunge Drug Charges In Midland
Eligibility to expunge drug charges in Midland depends on the outcome of your case, not simply how much time has passed. Texas law allows expunction in specific situations, including:
- Cases dismissed without a plea agreement on other charges
- Grand jury “no bill” decisions in felony drug cases
- Not guilty verdicts at trial
- Certain arrests where formal charges were never filed
Dismissals can qualify, but the reason for dismissal matters. If prosecutors dropped the case outright and no plea bargain was involved, expunction may be available after a required waiting period. A no-bill or not guilty verdict can also support expunction.
Deferred adjudication is different. Although it avoids a conviction if successfully completed, it typically does not allow expunction in drug cases. Instead, it may allow nondisclosure. Waiting periods vary depending on whether the charge was a Class C misdemeanor, a higher-level misdemeanor, or a felony. Filing too early can result in denial.
Midland drug crimes attorneys carefully review judgments, dismissal orders, related charges, and prior history before recommending expunction to avoid unnecessary delays or unrealistic expectations.
When An Order Of Nondisclosure May Help After A Drug Case
For many individuals, nondisclosure is the practical path forward. If you completed deferred adjudication successfully, especially for a first-time misdemeanor possession charge, you may qualify to seal the record from most employers and landlords.
An order of nondisclosure prevents most public entities and private background check companies from releasing details about the case. In everyday life, that often means a typical employment or rental screening will not show the drug offense. However, law enforcement and certain licensing agencies can still access the sealed record.
Eligibility requires successful completion of deferred adjudication and discharge from the court. Some offenses disqualify applicants, and waiting periods may apply. Even though nondisclosure does not fully erase the record, it can significantly reduce barriers to employment and housing in West Texas.
Midland drug crimes attorneys frequently advise clients that nondisclosure, while not as broad as expunction, can still provide meaningful relief and open doors that once seemed closed.
Step By Step: How The Expungement Process Works In Midland County
Expungement is not automatic. The process begins with gathering detailed information about your Midland County case, including case numbers, charges, dispositions, and dates. DPS records and related cases must also be reviewed to ensure accuracy.
The next steps typically include:
- Drafting and filing a petition for expunction in the appropriate Midland County court
- Listing all agencies believed to hold records
- Serving those agencies with notice of the petition
- Attending a court hearing if required
Prosecutors or agencies may respond if they believe expunction is not legally justified. When eligibility is clear, hearings can be straightforward, but the process is still formal and document-heavy.
From filing to final order, the process usually takes several months. After a judge signs the order, agencies must comply by deleting or restricting records. Private background checks often update gradually as official data changes. Midland drug crimes attorneys handle drafting, filing, service, and court appearances so clients do not have to navigate the system alone.
What An Expunction Or Nondisclosure Can And Cannot Do
Even when you expunge drug charges in Midland or obtain nondisclosure, it is important to understand the limits.
Expunction Can:
- Require agencies to delete or return records
- Remove entries from DPS public criminal history
- Allow you to deny the arrest in most private settings
Nondisclosure Can:
- Block most employers and landlords from seeing the case
- Restrict release of the information to many public requestors
Limits Apply:
- Certain government agencies may retain access
- Some professional licenses or government roles may require disclosure
- Older background reports may still circulate temporarily
Understanding these boundaries prevents accidental misstatements on applications. Midland drug crimes attorneys often guide clients on how to answer background questions accurately after relief is granted.
Why Work With A Local Midland Record Clearing Attorney
Expunging or sealing a drug charge in Midland is not only about filling out a form. It requires reading your old case paperwork correctly, understanding how plea bargains and reductions were structured, and knowing how those details interact with Texas expunction and nondisclosure laws. A mistake in that analysis, such as overlooking that your dismissal was tied to a plea on a different count, can lead to a petition that is denied or delayed, and can waste time and money.
A local firm that handles criminal defense and post-conviction work in West Texas brings context that generic guides cannot. At Sarabia Law Firm, our attorneys are native to the Odessa area and regularly appear in Midland County courts. We know how drug cases here are typically resolved, how local prosecutors structure deals, and how judges approach record-clearing requests.
We also approach record clearing as part of a broader picture, not an isolated task. Personalized representation means we ask about your goals, whether that is better employment in the Permian Basin, a specific license, or clearing the path for housing. We then review your criminal history, including any non-drug cases, to identify all avenues that might improve your situation, whether through expunction, nondisclosure, or other legal steps.
Find Out If You Can Clear A Drug Charge In Midland
A past drug arrest or case in Midland does not always have to define your future. For many people with dismissals, not guilty verdicts, or certain deferred adjudication outcomes, Texas law offers real tools to clear or seal those records from most public view. The key is knowing which option, expunction or nondisclosure, fits your exact situation and how to move through the process correctly in Midland County.
Because we offer free consultations, you can have your Midland drug case history reviewed without a financial commitment up front. We use up-to-date technology and communication tools to collect your documents, keep you informed, and minimize trips to the courthouse or office, which matters if you work long shifts or live in another part of West Texas.
To talk about your options with our drug crimes lawyers in Midland in a free, confidential consultation, contact us online or call (432) 224-8036 today.