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Found Not Guilty of Drug Paraphernalia — Erasing the Arrest in Texas

The jury said not guilty — but the arrest, the charge, and the trial record are all still public until expunged. An acquittal is the strongest expunction posture in Texas law, and it comes with a deadline worth knowing about.

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Statute

Tex. Health & Safety Code § 481.125

Offense level

Class C misdemeanor (fine only) in most cases

Immediate eligibility — and the 30-day cost shift

Acquittals qualify for expunction right away, with no waiting period. Better: when the petition is filed within 30 days of the acquittal, Texas law generally shifts the costs to the state. If your verdict was recent, that clock is running now.

Why finish the job after beating a drug paraphernalia charge

Background checks don't render verdicts — they print entries. An acquitted drug paraphernalia case still shows the arrest and charge, and screeners rarely read to the disposition column. It's 'just a ticket' until a background check flags a drug-related offense. Paraphernalia convictions read as drug history to licensing boards, school admissions, and employers who never see the distinction between a Class C ticket and something more serious. Because these records are cheap and quick to clear relative to felonies, leaving one in place is an unforced error.

Common questions

I was found not guilty — isn't my record automatically clean?

No. The acquittal ends the case, but the arrest and court records remain public until a judge orders them expunged. The verdict makes expunction essentially yours to claim — but you must claim it.

What happens if I miss the 30-day window?

You remain fully eligible to expunge — you just lose the state-pays-costs benefit. Don't let a missed window become a reason to leave the record standing.

Disclaimer: This page is general legal information about Texas law, not legal advice about your case, and reading it does not create an attorney‑client relationship. Eligibility depends on the complete details of your criminal history — get a free case review for a definitive answer.

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