Legal Cleanup https://legalcleanup.com The Law Firm of Vonnie C. Dones III Wed, 25 Feb 2026 01:17:52 +0000 en-US hourly 1 https://wordpress.org/?v=6.8.5 Know the Law: Carrying Rifles, AR-15s, and Other Long Guns in Your Texas Vehicle https://legalcleanup.com/know-the-law-carrying-rifles-ar-15s-and-other-long-guns-in-your-texas-vehicle/ Wed, 25 Feb 2026 01:17:52 +0000 https://legalcleanup.com/?p=4316 Turning 18 is a significant milestone, and for many Texans it also marks the point at which they may lawfully purchase their first long gun. If you are considering buying a rifle or shotgun and keeping it in your vehicle for lawful purposes, it is important to understand both Texas and federal law before doing so.

Purchasing a Rifle or Shotgun at Age 18

Once you turn 18, you may lawfully purchase a rifle or shotgun from a licensed dealer in Texas, provided you pass the required background check and are not otherwise prohibited from possessing firearms under state or federal law.

Transporting Long Guns in a Vehicle Under Texas Law

Texas law is relatively permissive when it comes to transporting rifles and shotguns (commonly referred to as “long guns”) in a motor vehicle. There is no specific Texas statute that restricts transporting a rifle or shotgun in your car so long as you may lawfully possess the firearm.

In practical terms, this means that in Texas:

  • The firearm does not have to be unloaded.

  • It does not have to be concealed.

  • It does not have to be in a locked case.

  • There is no statutory requirement that it be stored in any particular location within the vehicle.

As long as the firearm is lawfully possessed, simply having a rifle or shotgun in your vehicle is generally permissible under Texas law.

Important Limitations Still Apply

Although Texas law is permissive, general criminal statutes still apply. You may not possess a firearm:

  • While engaged in criminal activity (other than minor traffic offenses),

  • If you are otherwise prohibited by state or federal law, or

  • In certain prohibited places such as schools, secured airport areas, or other restricted locations in Texas.

Long Guns vs. Handguns: A Critical Distinction

It is important to distinguish long guns from handguns under Texas law. Handguns carried in vehicles are subject to additional visibility and age-related rules. By contrast, rifles and shotguns do not carry those same statutory vehicle restrictions, which is why the rules discussed above apply specifically to long guns.

Traveling Across State Lines: Federal “Safe Passage” Law

If you travel outside Texas and cross state lines, federal “safe passage” law may apply. To qualify for federal protection during interstate travel, the firearm should be:

  • Unloaded, and

  • Not readily accessible from the passenger compartment (for example, secured in a locked container or the trunk).

These requirements are primarily relevant to interstate travel and do not generally apply when you are traveling solely within Texas.

Practical Considerations Beyond Legality

Even where the law allows a firearm to be kept in a vehicle, several practical and legal considerations should be taken seriously:

  1. Theft Risk: Leaving a firearm in a vehicle significantly increases the risk of theft and potential liability if the weapon is later misused.

  2. Law Enforcement Encounters: A visible firearm may prompt investigatory stops or heightened safety responses from law enforcement officers.

  3. Location-Based Restrictions: Firearms are prohibited in certain locations, including schools, federal facilities, and certain alcohol-related establishments, regardless of whether the firearm is stored in a vehicle.

  4. Self-Defense Claims: Simply having a firearm in your car does not automatically justify its use. Any defensive use must still satisfy Texas self-defense laws under Chapters 9 and 46 of the Texas Penal Code.

Firearm Possession and Criminal Records

Individuals with criminal histories must exercise particular caution. Under Texas law, a person convicted of a felony may possess a firearm only at their residence after five years have passed from release from confinement or supervision. However, federal law—applicable nationwide in the United States—generally prohibits a convicted felon from possessing a firearm anywhere, including in their home, unless firearm rights have been formally restored (such as through a pardon or other qualifying legal relief).

In short:

  • Texas law: Provides a limited home-possession exception after five years.

  • Federal law: Continues to prohibit firearm possession by felons unless civil rights and firearm rights are restored.

Because federal law controls in this area, a felon who possesses a firearm—even solely at home—may still face federal criminal liability unless their rights have been legally restored.

Are AR-15–Style Firearms Treated as Rifles?

An AR-15 is generally considered a rifle under both federal law and the laws of Texas, provided it has a shoulder stock and a barrel of at least 16 inches (or an overall length of at least 26 inches). When configured in that manner, it is treated like any other rifle for purposes of lawful purchase and vehicle transportation under Texas law.

Final Thoughts

Texas provides broad latitude for law-abiding adults to transport rifles and shotguns in their vehicles. However, legality depends heavily on eligibility to possess a firearm, awareness of restricted locations, and compliance with both state and federal law—especially for individuals with prior criminal records or those traveling across state lines.

]]> Houston & Harris County DWI Laws in 2026: What Drivers Need to Know About BAC, Enforcement, and Their Rights https://legalcleanup.com/houston-harris-county-dwi-laws-in-2026-what-drivers-need-to-know-about-bac-enforcement-and-their-rights/ Thu, 15 Jan 2026 21:15:47 +0000 https://legalcleanup.com/?p=4312 Blood Alcohol Concentration (BAC) fits into the broader DWI framework is critical—not only for drivers, but for anyone facing investigation, arrest, or prosecution. This article explains how Texas DWI laws work in 2026, with a specific focus on Houston and Harris County enforcement practices, how BAC evidence is used (and often misused), and what legal standards Houston-area law enforcement must meet before a stop, arrest, or conviction can lawfully occur.

1. The Legal Definition of DWI in Texas

Under Texas Penal Code § 49.04, a person commits DWI if they operate a motor vehicle in a public place while intoxicated. Texas law defines intoxication in two distinct—but equally important—ways:
  1. Loss of normal use of mental or physical faculties due to alcohol, drugs, or a combination of substances; or
  2. Having a Blood Alcohol Concentration of 0.08% or higher.
Importantly, the State only needs to prove one of these definitions—not both. This means a driver may be arrested and prosecuted even without a breath or blood test showing an unlawful BAC.

2. Reasonable Suspicion and Traffic Stops in Houston DWI Cases

Every DWI case begins with a traffic stop. Under the Fourth Amendment and Texas law, police must have reasonable suspicion that a traffic violation or criminal activity has occurred before stopping a vehicle. In Houston and throughout Harris County, common reasons officers cite in DWI stops include:
  • Speeding or lane deviations
  • Failure to maintain a single lane
  • Equipment violations
  • Reports of erratic driving
At this stage, BAC is not yet part of the equation. The officer is evaluating driving behavior, not intoxication levels. If reasonable suspicion is lacking, all evidence obtained after the stop—including BAC results—may be subject to suppression.

3. From Detention to Investigation: Building Toward Probable Cause

After the stop, an officer may expand the encounter into a DWI investigation if they observe signs suggesting intoxication, such as:
  • Odor of alcohol
  • Bloodshot or watery eyes
  • Slurred speech
  • Admissions of drinking
This is typically when field sobriety tests (FSTs) are introduced. These tests are subjective, non‑mandatory, and frequently challenged in court. At this stage, BAC testing still has not occurred—but the officer is deciding whether there is probable cause to make an arrest and request a breath or blood sample.

4. Blood Alcohol Concentration (BAC) Under Texas Law

BAC plays a central role in DWI prosecutions, but it is often misunderstood by the public.

Legal BAC Thresholds in Texas

Texas law establishes different BAC standards depending on the driver and circumstances:
  • 0.08% or higher – Per se intoxication for adult drivers (21 and over)
  • 0.04% or higher – Commercial motor vehicle drivers while operating a CMV
  • Any detectable amount (0.01% or more) – Zero‑tolerance policy for drivers under 21
A BAC at or above these limits allows the State to argue intoxication without proving loss of normal use.

5. DWI Charges Without a 0.08 BAC

One of the most important aspects of Texas DWI law is that a BAC of 0.08 is not required for a conviction. A driver may be charged with DWI even if:
  • The BAC result is below 0.08%
  • No chemical test was taken
  • The driver refused testing altogether
In these cases, prosecutors rely on officer observations, FSTs, video footage, and witness testimony to argue loss of normal use. These cases are often more defensible due to their subjective nature.

6. Breath Tests, Blood Tests, and Implied Consent

Texas operates under an implied consent system. By driving on Texas roads, drivers are deemed to have consented to chemical testing after a lawful arrest.

Breath Testing

Breath tests are commonly used but are susceptible to error due to:
  • Improper calibration
  • Medical conditions
  • Operator mistakes
  • Environmental factors

Blood Testing

Blood tests are often viewed as more reliable, but they raise serious legal issues involving:
  • Search warrants
  • Chain of custody
  • Lab handling and contamination
  • Delays between driving and testing
Courts continue to scrutinize how blood is obtained, stored, and analyzed—especially following warrantless or coerced draws.

7. High BAC Enhancements (0.15 and Above)

Texas law imposes harsher penalties when a driver’s BAC is 0.15% or higher. A first‑time DWI that would normally be a Class B misdemeanor is enhanced to a Class A misdemeanor, increasing:
  • Potential jail time
  • Maximum fines
  • Probation conditions
Because of the stakes, high‑BAC cases are aggressively litigated, and the accuracy of the testing process becomes critically important.

8. Penalties for DWI in Houston & Harris County (2026)

Penalties vary based on prior offenses, BAC level, and aggravating factors, but may include:
  • Jail time
  • Heavy fines and court costs
  • License suspension
  • Ignition interlock requirements
  • Alcohol education and treatment programs
Administrative License Revocation (ALR) proceedings—handled locally through the Texas Department of Public Safety offices serving Harris County—run parallel to the criminal case and are heavily tied to BAC testing or refusals.

9. Defending a Texas DWI Case

Effective DWI defense focuses on constitutional violations and scientific weaknesses, including:
  • Lack of reasonable suspicion or probable cause
  • Improper FST administration
  • Unreliable BAC testing
  • Illegal blood draws
  • Video evidence contradicting officer testimony
BAC evidence is not infallible, and many DWI cases are won or dismissed based on flawed testing or unlawful police conduct.

10. Why Legal Representation Matters Early

DWI cases move quickly, especially when license suspension deadlines are involved. Early representation allows counsel to:
  • Demand and preserve evidence
  • Challenge BAC procedures
  • Contest ALR suspensions
  • Position the case for dismissal, reduction, or trial

Houston & Harris County DWI FAQ

Can I be arrested for DWI in Houston without blowing over 0.08?

Yes. In Houston and throughout Harris County, a driver can be arrested and charged with DWI even if their BAC is below 0.08 or no BAC test is taken at all. Prosecutors may rely on officer observations, field sobriety tests, dashcam or bodycam video, and witness testimony to argue loss of normal use.

Should I take the breath test if I’m stopped in Harris County?

There is no one-size-fits-all answer. While refusing a breath or blood test may result in an Administrative License Revocation (ALR), submitting to testing can create powerful evidence for the prosecution. Each situation is different, and the legality of the stop and arrest often determines whether test results can be challenged.

Can Houston police force a blood draw in a DWI case?

Houston-area officers generally must obtain a search warrant to conduct a blood draw unless a legally recognized exception applies. Improper or warrantless blood draws are frequently challenged and may result in suppression of BAC evidence.

What happens to my driver’s license after a DWI arrest in Harris County?

License suspension is handled through a separate ALR process administered by the Texas Department of Public Safety. You have only 15 days from the date of arrest to request an ALR hearing. Missing this deadline can result in automatic suspension.

How long does a DWI case take in Harris County courts?

DWI cases in Harris County often take several months to over a year, depending on court backlog, evidence issues, and whether the case is resolved by dismissal, plea, or trial.

Why should I hire a Houston DWI attorney early?

Early representation allows your attorney to demand video evidence, challenge BAC testing procedures, contest ALR suspensions, and identify constitutional violations before critical deadlines pass.

Final Thoughts for Houston & Harris County Drivers

Texas DWI law in 2026 remains strict, but it is also highly technical. BAC is only one part of a much larger legal puzzle—one that must comply with constitutional protections, statutory rules, and scientific reliability standards. If you are facing a DWI charge, understanding how BAC fits into your case—and how it can be challenged—may make all the difference. For informational purposes only. This article does not constitute legal advice.]]> Understanding Probable Cause & Reasonable Suspicion Under New Texas Law (2026) https://legalcleanup.com/understanding-probable-cause-reasonable-suspicion-under-new-texas-law-2026/ Thu, 15 Jan 2026 21:00:58 +0000 https://legalcleanup.com/?p=4310 As we enter 2026, Texas criminal procedure continues to evolve following significant legislative activity in 2025. For anyone interacting with law enforcement — whether during a traffic stop, investigation, or arrest — it’s crucial to understand two foundational constitutional standards: reasonable suspicion and probable cause. These standards govern when police may detain, search, or arrest a person and are central to protecting your rights under the Fourth Amendment and Texas law.

This article explains what these standards mean, how they are applied in Texas, and how recent legal changes affect them — so you can better understand your rights and the defenses available when law enforcement gets involved.

What Is Reasonable Suspicion?

Reasonable suspicion is the legal standard that allows a peace officer to briefly detain and investigate a person. It must be based on specific, articulable facts and rational inferences drawn from those facts — not just a hunch.

A typical example includes an officer observing unusual behavior that suggests criminal activity, such as erratic movement, suspicious behavior in a high-crime area, or corroborated reports from reliable witnesses. Once reasonable suspicion arises, an officer can briefly stop and question a person to confirm or dispel the officer’s concerns.

This is a lower standard than probable cause, but still requires something more than subjective intuition.

What Is Probable Cause?

Probable cause is a higher standard than reasonable suspicion. It exists when the totality of facts and circumstances would lead a reasonable person to believe that a crime has been committed and that the person to be arrested committed it.

In practical terms, probable cause is required for:

  • Arrests (without a warrant in many cases), and

  • Search warrants, where a judge must be convinced based on sworn information that evidence of a crime will be found at a specific place.

For example, if an officer has reliable witness statements, physical evidence connecting a person to a crime, or admissions by a suspect, this may constitute probable cause to arrest. Unlike reasonable suspicion, which justifies a brief investigative stop, probable cause justifies full custodial arrest or a search backed by a court-issued warrant.

Why These Standards Matter

Probable cause and reasonable suspicion protect individuals from unreasonable government intrusion. If a police stop, search, or arrest lacks the necessary legal basis, evidence obtained as a result — such as statements, contraband, or physical evidence — may be suppressed in court and excluded from use against a defendant.

This is a cornerstone of Fourth Amendment jurisprudence and is enforced in both federal and state courts. A strong argument that law enforcement lacked probable cause or reasonable suspicion can be pivotal in achieving favorable outcomes in criminal cases.

Recent Texas Changes Affecting These Standards

1. Written Findings for Probable Cause (Bail & Arrest Procedures)

One of the key reforms passed in 2025, which took effect September 1, 2025, and continues to shape 2026 practices, involves probate and bail procedures. House Bill 75 now requires magistrates to document and justify in writing their decisions when finding no probable cause in initial hearings following arrest. This enhances transparency in the early stages of criminal proceedings and gives defense attorneys clearer grounds to challenge detention without sufficient evidence.

2. No-Knock Warrant Regulation Efforts

Legislative proposals like HB 1765 have aimed to define when certain warrants — such as no-knock warrants — may be issued by a magistrate. While this bill addresses warrant standards specifically, it reflects the broader legislative trend toward increased oversight of when and how probable cause is assessed before intrusive law enforcement actions occur.

3. Bail & Probable Cause Documentation

Bail law reforms approved in 2025 require written probable cause justifications when magistrates decide to detain a suspect, rather than release them. This strengthens defendants’ ability to contest whether the law enforcement action was justified at the outset of a case.

Practical Implications for Defendants (and Their Attorneys)

Traffic Stops & Investigative Detentions

During a traffic stop or pedestrian stop, an officer can initiate contact based on reasonable suspicion but must escalate to probable cause before making an arrest (unless a warrant authorizes it). Defense counsel will often review the police report and video to determine whether the officer had sufficient justification at each step.

Arrests Without a Warrant

In many cases, law enforcement may make an arrest without a warrant if probable cause exists. However, if the only evidence supporting probable cause was an unverified tip or a vague description of behavior, a court may find that standard was not met and suppress evidence or dismiss charges.

Searches Incident to Arrest

When police arrest someone based on probable cause, they may also search the person and nearby areas without a separate warrant. The legality of that search will hinge on whether probable cause truly existed at the time of arrest.

Bottom Line: Know Your Rights

Understanding reasonable suspicion and probable cause empowers clients and helps defense attorneys vigorously protect constitutional rights. As Texas continues to refine its criminal justice laws, especially around bail, arrest procedures, and warrant standards, these foundational legal concepts remain more important than ever. Defense strategy often begins with examining whether law enforcement acted within legal bounds — and challenging cases that don’t.

If you have questions about a recent stop, your arrest, or whether probable cause existed in your case, it’s vital to consult an attorney promptly. Early legal analysis can make all the difference in preserving your rights and achieving the best outcome.

]]> Texas Expungement Law Reform: What You Need to Know in 2026 https://legalcleanup.com/texas-expungement-law-reform-what-you-need-to-know-in-2026/ Thu, 15 Jan 2026 17:41:35 +0000 https://legalcleanup.com/?p=4304 January 1, 2026, significant reforms to Texas expunction law are now fully in effect, following a slate of legislative changes enacted by the Texas Legislature in 2025. These reforms are designed to expand eligibility, shorten waiting periods, and streamline how eligible individuals clear their criminal records—especially for misdemeanor arrests and certain dismissals. The goal: to make it easier for people to move on from past arrests that did not result in convictions or that ended favorably for the defendant. When Did the New Laws Take Effect? While many key provisions took effect September 1, 2025, the systemwide implementation—including changes to fees and expanded eligibility pathways—is fully operational as of January 1, 2026. Major Changes Under the 2025 Legislative Reforms
  1. Expanded Expunction Eligibility for Misdemeanor Cases
Under longstanding Texas Code of Criminal Procedure reforms, individuals who were arrested for nonviolent misdemeanors that did not lead to a conviction may now qualify for expunction under broader circumstances. Key updates include:
  • Automatic expunction in specific cases: If a person was arrested and later acquitted, pardoned, released due to mistaken identity, or never formally charged, courts are now required to issue an expunction order automatically—without a petition or court appearance.
  • Deferred adjudication completion: Individuals who successfully completed deferred adjudication (resulting in dismissal of the case) for certain qualifying misdemeanors may now seek expunction subject to a waiting period, expanding opportunities to clear these records.
These changes reflect a policy shift recognizing that a dismissed case or favorable outcome should not permanently hinder a person’s opportunities in employment, housing, or beyond. Misdemeanors That May Qualify for Expunction After Deferred Adjudication A person may be eligible to expunge deferred adjudication records if all criteria are satisfied:
  • The offense was a misdemeanor arrest for a nonviolent misdemeanor.
  • The person was placed on deferred adjudication community supervision under Texas Code of Criminal Procedure Chapter 42A and later received a dismissal and discharge.
  • The person has no requirement to register as a sex offender based on the case.
  • The individual has remained law‑abiding since the case and has no new non‑traffic criminal cases.
  • A waiting period of at least five (5) years has passed since the date of dismissal and discharge.
Importantly, the statute defines the qualifying misdemeanor category largely by what it excludes, meaning the eligible misdemeanors are generally nonviolent and low‑risk offenses that fall outside the exclusions listed below. Misdemeanors That Do Not Qualify Deferred adjudication cases for the following types of misdemeanor offenses are excluded from this expunction pathway and typically must rely on traditional discretionary expunction or nondisclosure (record sealing) if otherwise eligible:
  • Misdemeanors under Chapter 483 of the Texas Health & Safety Code, including controlled‑substance possession and related drug offenses.
  • Misdemeanors under the following Texas Penal Code chapters:
    • Chapter 25 – Sexual Offenses
    • Chapter 42 – Disorderly Conduct, Harassment, Stalking, and related offenses
    • Chapter 43 – Public Indecency and related offenses
    • Chapter 46 – Weapons Offenses
    • Chapter 71 – Organized Crime
  • Penal Code § 48.02 – Failure to Stop and Give Information
  • Crimes classified under Penal Code Title 5 or Title 8, which include many violent or serious offenses
These exclusions reflect the Legislature’s intent to limit expunction relief to nonviolent, low‑risk misdemeanor arrests, while preserving public‑safety‑related records for more serious offenses.
  1. Shorter Waiting Periods for Non-Charged Arrests
For many people whose arrests never resulted in formal charges, the waiting periods to file for expunction have been significantly shortened:
  • Class C misdemeanors: Eligible after 180 days from arrest.
  • Class A & Class B misdemeanors: Eligible after 1 year from arrest.
  • Felonies: Eligible after 3 years.
Additionally, if the prosecutor files a certificate of non-intent to prosecute, a person may qualify for immediate expunction without waiting the full statutory period.
  1. Discretionary and Court-Ordered Expunctions
The law continues to allow discretionary expunctions in situations where a case was:
  • Dismissed after completion of a diversion program (e.g., pretrial intervention, veterans court, or mental-health programs).
  • Dismissed for lack of probable cause, even if a formal charge was filed.
  • Cases where a grand jury refuses to indict may also be considered.
These pathways are particularly important for those whose cases did not result in acquittals but nonetheless ended with favorable dismissals.
  1. Mandatory Notice and Streamlined Court Process
Law enforcement agencies are now required to provide individuals with written notice of their expunction rights upon release from custody. This aims to increase awareness of one’s ability to clear records. Courts are likewise directed to issue expunction orders within 30 days of eligibility confirmation, and electronic filing and service are now standard procedural tools.
  1. Changes to Fees (Effective January 1, 2026)
A temporary repeal of certain expunction fees that was in place from September 2025 is ending. Effective January 1, 2026, a statutory expunction fee under Chapter 55A will be reinstated, impacting how petitions are filed and processed. What This Means for You The 2025 reforms reflect a broad bipartisan effort to ensure that people are not unduly burdened by arrests that did not result in conviction or ended favorably. As of January 1, 2026, individuals with qualifying misdemeanor arrests, acquittals, or dismissals have new opportunities to clear their records, subject to statutory criteria and waiting periods described above. If you or a loved one may qualify under these updated provisions, the expunction process remains a court-ordered legal procedure. An experienced attorney can help determine eligibility, prepare the necessary petition, and guide you through the filing process. ___________________________________________________________________________________ About The Law Firm of Vonnie C. Dones III The Law Firm of Vonnie C. Dones III is a full-service legal practice founded and led by experienced attorney Vonnie Clay Dones III, Esq. The firm serves clients in Texas, New York, New Jersey, and the District of Columbia, with a core focus on helping individuals navigate complex legal matters with clarity and confidence. Attorney Dones brings a unique blend of legal and real-world experience to his practice. Before founding the law firm, he served as a criminal prosecutor with the Harris County District Attorney’s Office, where he managed and prosecuted approximately 2,600 misdemeanor and felony cases—giving him deep insight into both sides of the criminal justice system. In addition to his work in criminal law, Dones has served as a staff attorney at the Earl Carl Institute at Thurgood Marshall College of Law, supervising law students and representing juveniles in juvenile court matters across Harris County. The firm’s practice areas include:
  • Criminal Defense and Expungement
  • DUI & DWI Defense
  • Juvenile Law
  • Entertainment & Sports Law
  • Landlord-Tenant Law
  • Small Claims and Civil Disputes
  • Record Sealing and Criminal Record Cleanup
Vonnie C. Dones III is admitted to practice in Texas, New York, New Jersey, and the District of Columbia, and holds a J.D. from Cleveland-Marshall College of Law as well as dual bachelor’s degrees in English and Psychology from the University of Houston  ]]> Possession of Drugs with the Intent to Manufacture or Deliver Laws in Texas https://legalcleanup.com/possession-of-drugs-with-the-intent-to-manufacture-or-deliver-laws-in-texas/ https://legalcleanup.com/possession-of-drugs-with-the-intent-to-manufacture-or-deliver-laws-in-texas/#respond Wed, 17 Nov 2021 14:48:11 +0000 https://legalcleanup.com/?p=3646 What are the drug selling or dealing laws in Texas?
  • Manufacturing or delivery of Penalty Group 1 Substances (481.112)
  • Manufacturing or delivery of Group 1-A Substances 481.1121)
  • Manufacturing or delivery of Group 1-B Substances (481.1123)
  • Manufacturing or delivery of Group 2 or 2-A Substances (481.113)
  • Manufacturing or delivery of Group 3 or 4 Substances (481.114)
  • Delivery of Marihuana (Marijuana) (481.120)
  • Possession of Drug Paraphernalia (481.125)
The range of punishment for possession with intent to deliver a controlled substance in Penalty ranges in Penalty Group 1 ranges from a state jail felony to an enhanced first-degree felony. The penalties vary by the weight of the drugs found. b) An offense under Subsection (a) is a state jail felony if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, less than one gram. (c)  An offense under Subsection (a) is a felony of the second degree if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, one gram or more but less than four grams. (d)  An offense under Subsection (a) is a felony of the first degree if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, four grams or more but less than 200 grams. (e)  An offense under Subsection (a) is punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 10 years, and a fine not to exceed $100,000, if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, 200 grams or more but less than 400 grams. (f)  An offense under Subsection (a) is punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 15 years, and a fine not to exceed $250,000, if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, 400 grams or more. The range of punishment for possession with intent to deliver a controlled substance in Penalty in Penalty Group 1-A ranges from a state jail felony to an enhanced first-degree felony. The penalties vary by the weight of the drugs found. (b)  An offense under this section is: (1)  a state jail felony if the number of abuse units of the controlled substance is fewer than 20; (2)  a felony of the second degree if the number of abuse units of the controlled substance is 20 or more but fewer than 80; (3)  a felony of the first degree if the number of abuse units of the controlled substance is 80 or more but fewer than 4,000; and (4)  punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 15 years and a fine not to exceed $250,000, if the number of abuse units of the controlled substance is 4,000 or more. The range of punishment for possession with intent to deliver a controlled substance in Penalty Group 1-B ranges from a state jail felony to an enhanced first-degree felony. The penalties vary by the weight of the drugs found. (b)  An offense under Subsection (a) is a state jail felony if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, less than one gram. (c)  An offense under Subsection (a) is a felony of the second degree if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, one gram or more but less than four grams. (d)  An offense under Subsection (a) is punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 10 years, and a fine not to exceed $20,000, if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, four grams or more but less than 200 grams. (e)  An offense under Subsection (a) is punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 15 years, and a fine not to exceed $200,000, if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, 200 grams or more but less than 400 grams. (f)  An offense under Subsection (a) is punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 20 years, and a fine not to exceed $500,000, if the amount of the controlled substance to which the offense applies is, by aggregate weight, including adulterants or dilutants, 400 grams or more. Manufacturing, delivery, or possession with the intent to deliver other Miscellaneous Drugs “listed in a schedule by an action of the commissioner but not listed in a penalty group” is a Class A Misdemeanor. (1)  a state jail felony, if the person has been previously convicted of an offense under this subsection; or (2)  a felony of the third degree, if the person has been previously convicted two or more times of an offense under this subsection. The range of punishment for possession with intent to deliver marihuana (marijuana) ranges from a class B misdemeanor to an enhanced first-degree felony. The penalties vary by the weight of the drugs found. b) An offense under Subsection (a) is: (1)  a Class B misdemeanor if the amount of marihuana delivered is one-fourth ounce or less and the person committing the offense does not receive remuneration for the marihuana; (2)  a Class A misdemeanor if the amount of marihuana delivered is one-fourth ounce or less and the person committing the offense receives remuneration for the marihuana; (3)  a state jail felony if the amount of marihuana delivered is five pounds or less but more than one-fourth ounce; (4)  a felony of the second degree if the amount of marihuana delivered is 50 pounds or less but more than five pounds; (5)  a felony of the first degree if the amount of marihuana delivered is 2,000 pounds or less but more than 50 pounds; and (6)  punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 10 years, and a fine not to exceed $100,000, if the amount of marihuana delivered is more than 2,000 pounds. The range of punishment for possession or delivery of paraphernalia ranges from a class C misdemeanor to a state jail felony.   (b)  A person commits an offense if the person knowingly or intentionally delivers, possesses with intent to deliver, or manufactures with intent to deliver drug paraphernalia knowing that the person who receives or who is intended to receive the drug paraphernalia intends that it be used to plant, propagate, cultivate, grow, harvest, manufacture, compound, convert, produce, process, prepare, test, analyze, pack, repack, store, contain, or conceal a controlled substance in violation of this chapter or to inject, ingest, inhale, or otherwise introduce into the human body a controlled substance in violation of this chapter. (c)  A person commits an offense if the person commits an offense under Subsection (b), is 18 years of age or older, and the person who receives or who is intended to receive the drug paraphernalia is younger than 18 years of age and at least three years younger than the actor. (d)  An offense under Subsection (a) is a Class C misdemeanor. (e)  An offense under Subsection (b) is a Class A misdemeanor, unless it is shown on the trial of a defendant that the defendant has previously been convicted under Subsection (b) or (c), in which event the offense is punishable by confinement in jail for a term of not more than one year or less than 90 days. (f)  An offense under Subsection (c) is a state jail felony.  ]]> https://legalcleanup.com/possession-of-drugs-with-the-intent-to-manufacture-or-deliver-laws-in-texas/feed/ 0 Drugs and Penalty Groups in Texas https://legalcleanup.com/drugs-and-penalty-groups-in-texas/ https://legalcleanup.com/drugs-and-penalty-groups-in-texas/#respond Mon, 15 Nov 2021 15:29:31 +0000 https://legalcleanup.com/?p=3640 What drugs are in Penalty Group 1? The drugs in Penalty Group 1 include 10 different subcategories. Notable drugs included are Cocaine, Heroin, Codeine, Marijuana, Opium, Methamphetamines, Ketamine, Methadone, Oxycodone, Hydrocone, and Methadone. Texas Health & Safety Code Section 481.102 lists each of the Penalty Group 1 Substances. What drugs are in Penalty Group 1-A? Notable drugs in the Penalty Group 1-A group are lysergic acid diethylamide (LSD) and certain other “designer” drugs. Texas Health & Safety Code Section 481.1021 lists each of the Penalty Group 1-A Substances. What drugs are in Penalty Group 2? Penalty Group 2 consists of a long list of chemicals, Ecstasy, PCP, Mescaline, Methaqualone, and Amphetamine, but the notable inclusions are PHP and chemicals that are frequently found in “Shrooms” aka “Magic Mushrooms.” Texas Health & Safety Code Section 481.103 lists each of the Penalty Group 2 Substances. What drugs are in Penalty Group 2-A? Penalty Group 2-A consists of Cannabinoid derivatives, synthetic cannabinoid. Texas Health & Safety Code Section 481.1031 lists each of the Penalty Group 2-A Substances. What drugs are in Penalty Group 3? Penalty Group 3 drugs include notable prescription drugs like Valium, Ritalin, Methylphenidate, Testosterone and other anabolic steroids, Alprazolam (Xanax), Clonazepam (Klonopin, among other brand names), Midazolam (Versed, among other brand names), certain opiates, Peyote and Salvia divinorum.Texas Health & Safety Code Section 481.104 lists each of the Penalty Group 3 Substances. What drugs are in Penalty Group 4? Penalty Group 4 drugs includes compounds or mixtures containing Dionine, Motofen, Buprenorphine or Pryovalerone and certain drugs that are legal but might be abused, including Buprenorphine (used in heroin addiction recovery), codeine (used in cough medicines) and various other drugs. Texas Health & Safety Code Section 481.105 lists each of the Penalty Group 4 Substances.]]> https://legalcleanup.com/drugs-and-penalty-groups-in-texas/feed/ 0 Drug Possession Laws in Texas https://legalcleanup.com/drug-possession-laws-in-texas/ https://legalcleanup.com/drug-possession-laws-in-texas/#respond Mon, 15 Nov 2021 15:21:48 +0000 https://legalcleanup.com/?p=3637 What are the drug possession laws in Texas?
  • Possession of Penalty Group 1 Substances (481.115)
  • Possession of Penalty Group 1-A Substances (481.1151)
  • Possession of Penalty Group 2 Substances (481.116)
  • Possession of Penalty Group 2-A Substances (481.1161)
  • Possession of Penalty Group 3 Substances (481.117)
  • Possession of Penalty Group 4 Substances (481.118)
  • Possession of Penalty Other Substances (481.119)
  • Possession of Marihuana (Marijuana) (481.121)
  • Possession of Anhydrous Ammonia (481.1245)
  • Possession of Drug Paraphernalia (481.125)
The range of punishment for possession of drugs in Penalty Group 1 ranges from a state jail felony to a first-degree felony. The penalties vary by the weight of the drugs found. (b) An offense under Subsection (a) is a state jail felony if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, less than one gram. (c) An offense under Subsection (a) is a felony of the third degree if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, one gram or more but less than four grams. (d) An offense under Subsection (a) is a felony of the second degree if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, four grams or more but less than 200 grams. (e) An offense under Subsection (a) is a felony of the first degree if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, 200 grams or more but less than 400 grams. (f) An offense under Subsection (a) is punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 10 years, and a fine not to exceed $100,000, if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, 400 grams or more. The range of punishment for possession of drugs in Penalty Group 1-A ranges from a state jail felony to a first-degree felony. The penalties vary by the weight of the drugs found. (1) a state jail felony if the number of abuse units of the controlled substance is fewer than 20; (2) a felony of the third degree if the number of abuse units of the controlled substance is 20 or more but fewer than 80; (3) a felony of the second degree if the number of abuse units of the controlled substance is 80 or more but fewer than 4,000; (4) a felony of the first degree if the number of abuse units of the controlled substance is 4,000 or more but fewer than 8,000; and (5) punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 15 years and a fine not to exceed $250,000, if the number of abuse units of the controlled substance is 8,000 or more. The range of punishment for possession of drugs in Penalty Group 2 ranges from a state jail felony to a second-degree felony. The penalties vary by the weight of the drugs found. (b) An offense under Subsection (a) is a state jail felony if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, less than one gram. (c) An offense under Subsection (a) is a felony of the third degree if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, one gram or more but less than four grams. (d) An offense under Subsection (a) is a felony of the second degree if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, four grams or more but less than 400 grams. (e) An offense under Subsection (a) is punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than five years, and a fine not to exceed $50,000, if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, 400 grams or more. The range of punishment for possession of drugs in Penalty Group 2-A ranges from a state jail felony to a second-degree felony. The penalties vary by the weight of the drugs found. (1) a Class B misdemeanor if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, two ounces or less; (2) a Class A misdemeanor if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, four ounces or less but more than two ounces; (3) a state jail felony if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, five pounds or less but more than four ounces; (4) a felony of the third degree if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, 50 pounds or less but more than 5 pounds; (5) a felony of the second degree if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, 2,000 pounds or less but more than 50 pounds; and (6) punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 5 years, and a fine not to exceed $50,000, if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, more than 2,000 pounds The range of punishment for possession of drugs in Penalty Group 3 ranges from a state jail felony to a second-degree felony. The penalties vary by the weight of the drugs found. (b) An offense under Subsection (a) is a Class A misdemeanor if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, less than 28 grams. (c) An offense under Subsection (a) is a felony of the third degree if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, 28 grams or more but less than 200 grams. (d) An offense under Subsection (a) is a felony of the second degree, if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, 200 grams or more but less than 400 grams. (e) An offense under Subsection (a) is punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than five years, and a fine not to exceed $50,000, if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, 400 grams or more. The range of punishment for possession of drugs in Penalty Group 4 ranges from a state jail felony to a second-degree felony. The penalties vary by the weight of the drugs found. (b) An offense under Subsection (a) is a Class B misdemeanor if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, less than 28 grams. (c) An offense under Subsection (a) is a felony of the third degree if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, 28 grams or more but less than 200 grams. (d) An offense under Subsection (a) is a felony of the second degree, if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, 200 grams or more but less than 400 grams. (e) An offense under Subsection (a) is punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than five years, and a fine not to exceed $50,000, if the amount of the controlled substance possessed is, by aggregate weight, including adulterants or dilutants, 400 grams or more. Simple possession of other Miscellaneous Drugs “listed in a schedule by an action of the commissioner” is a Class A Misdemeanor. (1) a Class B misdemeanor if the amount of marihuana possessed is two ounces or less; (2) a Class A misdemeanor if the amount of marihuana possessed is four ounces or less but more than two ounces; (3) a state jail felony if the amount of marihuana possessed is five pounds or less but more than four ounces; (4) a felony of the third degree if the amount of marihuana possessed is 50 pounds or less but more than 5 pounds; (5) a felony of the second degree if the amount of marihuana possessed is 2,000 pounds or less but more than 50 pounds; and (6) punishable by imprisonment in the Texas Department of Criminal Justice for life or for a term of not more than 99 years or less than 5 years, and a fine not to exceed $50,000, if the amount of marihuana possessed is more than 2,000 pounds.]]> https://legalcleanup.com/drug-possession-laws-in-texas/feed/ 0 DWI Consequences and Penalties in Texas https://legalcleanup.com/dwi-consequences-and-penalties-in-texas/ https://legalcleanup.com/dwi-consequences-and-penalties-in-texas/#respond Wed, 10 Nov 2021 17:42:58 +0000 https://legalcleanup.com/?p=3627 DWI 1ST A first DWI offense is classified as a Class B misdemeanor which carries a maximum jail sentence of 180 days and a maximum $2,000.00 fine. However, if after a breath or blood test, your BAC at the time of driving was .15 or higher, you will be charged with a Class A misdemeanor which carries a maximum jail sentence of 1 year and a maximum $4,000.00 fine. Your driver license or driving privileges will automatically be suspended by the Texas Department of Public Safety, 15 days from the date of the arrest unless an Administrative License Revocation (ALR) hearing is requested for 90 days to 1 year. This will result in a license renewal surcharge of up to $2000 each year for the following 3 years to have your privileges reinstated once you are eligible. DWI 2ND A second DWI offense is classified as a Class A misdemeanor which carries a 30 day to 1-year jail sentence, maximum $4,000.00 fine, and a 6 month to 2-year suspension of your driving privileges. This will result in a license renewal surcharge of up to $2000 each year for the following 3 years to have your privileges reinstated once you are eligible. DWI 3RD A third DWI offense is classified as a third-degree felony which carries a 2-10 year prison sentence, maximum $10,000.00 fine, and a 6 month to 2-year suspension of your driving privileges. This will result in a license renewal surcharge of up to $2000 each year for the following 3 years to have your privileges reinstated once you are eligible. DWI 4TH A fourth or subsequent DWI carries a 2-10 year prison sentence, maximum $10,000.00 fine, and a 6 month to 2-year suspension of your driving privileges. This will result in a license renewal surcharge of up to $2000 each year for the following 3 years to have your privileges reinstated once you are eligible.]]> https://legalcleanup.com/dwi-consequences-and-penalties-in-texas/feed/ 0 New Expungement Laws in New Jersey Effective on October 1, 2018 https://legalcleanup.com/2146-2-2/ https://legalcleanup.com/2146-2-2/#respond Sat, 10 Feb 2018 19:58:55 +0000 https://legalcleanup.com/?p=3377 On December 19, 2017, Governor Christie signed a package of bills (S. 3306, S. 3307, and S. 3308) expanding the crimes eligible for expungement. The new law takes effect on October 1, 2018.

    1. How long is the waiting period for an Indictable “felony” conviction under the New 2018 New Jersey Expungement Law?

      Indictable Offense(s) (Crime(s)) – Shortens the waiting period from ten (10) years from date of conviction, payment of fines, satisfactory completion of probation or parole, or release from incarceration, WHICHEVER IS LATER to six (6) years. Note: The recently amended New Jersey Statute now states that a 5-year waiting requirement for indictable offenses is permitted if the court finds that expungement is in the public interest. Under this “early pathway” scenario, the petitioner has the burden of proving to the court that expungement is in the best interest of the public. Therefore, as stated in N.J.S.A. 2C:52:2(2), a person seeking an “early pathway expungement must “at least five years has expired from the date of his conviction, payment of fine, satisfactory completion of probation or parole, or release from incarceration, whichever is later..[.]” The new law authorizes the court to order the expungement of up to three (3) disorderly persons or petty disorderly persons convictions along with the expungement of a crime, rather than two (2), as permitted under the old law. Under the old law, each conviction sought to be expunged must be supported by a separate verified petition and must comply with the requirements of N.J.S.A.2C:52-1 et seq.

    2. How many disorderly persons or PDP (i.e. misdemeanor) convictions can be expunged for individuals who do not have a “felony” conviction under the New 2018 New Jersey Expungement Law?

      the law allows a person to seek the expungement of up to four (4) disorderly persons or petty disorderly persons convictions, rather than three (3) under the old law, in a single application to the court, although a separate verified petition must be presented for each conviction and must comply with the requirements of N.J.S.A.2C:52-1 et seq. Disorderly Persons Offense(s) and Petty Disorderly Offense(s) (Misdemeanors) – Five (5) years from date of conviction, payment of fines, satisfactory completion of probation or parole, or release from incarceration, WHICHEVER IS LATER. Note: The recently amended 2016 New Jersey Statute now states that a 3-year waiting requirement for a disorderly persons offense or petty disorderly persons offense is permitted if the court finds that expungement is in the public interest. Under this “early pathway” scenario, the petitioner has the burden of proving to the court that expungement is in the best interest of the public. Therefore, as stated in N.J.S.A. 2C:52:3, a person seeking an “early pathway expungement must “at least three years has expired from the date of his conviction, payment of fine, satisfactory completion of probation or parole, or release from incarceration, whichever is later..[.]” Alternatively, the court could grant an expungement on an application if less than three years has expired from the payment of any fine, but the three-year waiting period is otherwise satisfied, and the court finds that the person substantially complied with any payment plan for that fine or could not do so due to compelling circumstances.

    3. Is the Pre-Trial Intervention “PTI” bar eliminated under the New 2018 New Jersey Expungement Law?

      Prior to the new law, an individual who successfully completed a PTI which resulted in the “felony”being dismissed was not eligible to expunge any prior or subsequent disorderly persons (misdemeanor) or indictable (felony) convictions under N.J.S.A. 2C:52-14(f). Under the new law, the bar is now eliminated.

    4. Are individuals who did not pay fines or restitution eligible for expungement under the New 2018 New Jersey Expungement Law?

      Under the new law, individuals who satisfy the six (6) year waiting period requirement for expunging a “felony” conviction, but did not pay his or her fines or restitution, will be eligible for expungement IF the court provides for the continued collection of fines and/or restitution or enters a civil judgment for the amount owed.
    ]]> https://legalcleanup.com/2146-2-2/feed/ 0 New Record Sealing Law in New York Effective September 27, 2017 https://legalcleanup.com/new-record-sealing-law-in-new-york/ https://legalcleanup.com/new-record-sealing-law-in-new-york/#respond Wed, 07 Jun 2017 21:24:20 +0000 https://legalcleanup.com/?p=3003

     The following categories of cases can be sealed in New York:

    1. CPL § 160.59 (criminal convictions) A new record sealing law was passed in New York on April 16, 2017, allowing eligible applicants to seal up to two convictions (only one of which may be a felony) for all crimes other than sex offenses and class A and violent felonies, after a 10-year waiting period (running from the date of conviction or release from prison)! The new law takes effect September 27, 2017 under § 160.59 of New York’s Criminal Procedure Law.
    2. CPL § 160.50 (full sealing)
    3. CPL § 160.55 (partial sealing)
    4. CPL § 160.58 (conditional sealing)
    5. 2010 amendment to Criminal Procedure Law Article 440
    6. 2010 amendment to Criminal Procedure Law Article 440
    In New York, under the new law:
    • The applicant may have up to 2 (but not more than 2) criminal convictions.
    • Of those 2 convictions, applicant must not have more than 1 felony conviction.
    • Of those 2 convictions, neither can be “violent crimes”, crimes that require one to register as a sex offender, sex crimes, terrorism, or a class A felony.
    • It must be at least 10 years since the applicant’s last criminal conviction, or 10 years since the applicant’s release from incarceration on the last criminal conviction.
    • The applicant must not currently have any open or pending criminal cases.
    Crimes Eligible For Sealing (Most non-violent Felonies and most Misdemeanors, including but not limited to):
    • Driving While Intoxicated (DWI)
    • Aggravated Driving While Intoxicated
    • Aggravated Unlicensed Operation of a Motor Vehicle
    • Reckless Driving
    • Petit Larceny
    • Theft of Services
    • Assault in the Third Degree
    • Criminal Contempt in the Second Degree
    • Harassment in the First Degree
    • Reckless Endangerment
    • Criminal Possession of a Weapon in the Fourth Degree
    • Gravity Knife Cases
    • Prostitution
    • Criminal Possession of Marijuana in Fifth Degree
    • Aggravated Unlicensed Operation of a Motor Vehicle
    • Reckless Driving
    • Petit Larceny
    • Theft of Services
    • Assault in the Third Degree
    • Criminal Contempt in the Second Degree
    • Criminal Sale of Marijuana in the Fourth Degree
    • Criminal Possession of a Controlled Substance in 7th Degree
    • Criminal Possession of a Weapon in the Fourth Degree
    • Criminal Mischief in the Fourth Degree
    • Criminal Trespass in the Second and First Degrees
    • Menacing in the Second and Third Degree Degree
    • Stalking in the Third and Fourth Degree
    • Possession of Burglar’s Tools
    • Making Graffiti
    • Unauthorized Use of a Motor Vehicle in the Third Degree
    • Auto Stripping in the Third Degree
    • Jostling
    • Fraudulent Accosting
    • Criminal Possession of Stolen Property in the Fifth Degree
    • Trademark Counterfeiting in the Third Degree
    • Forgery in the Third Degree
    • Criminal Possession of a Forged Instrument in the Third Degree
    • Criminal Impersonation in the Second Degree
    • False Personation
    • Identify Theft in the Third Degree
    • Obstructing Governmental Administration in the Second Degree
    • Criminally Using Drug Paraphernalia in the Second Degree
    • Promoting Gambling in the Second Degree
    • Possession of Gambling Records
    • Patronizing a Prostitute
    • Endangering the Welfare of a Child
    Crimes Not Eligible For Sealing (If you have been convicted of any one of these crimes, you are NOT ELIGIBLE to have your criminal record sealed):
      Class “A” Felonies are NOT Eligible for Sealing:
    • Homicide
    • Manslaughter / Aggravated Manslaughter
    • Rape
    • Criminal Sexual Act
    • Aggravated Sexual Abuse
    • Sexual Conduct Against a Child
      Class “B” Felonies are NOT Eligible for Sealing:
    • Attempt to Commit a Class “A” Felony
    • Gang Assault in the First Degree
    • Assault in the First Degree
    • Aggravated Assault upon a Police Officer or a Peace Officer
    • Manslaughter in the First Degree
    • Aggravated Manslaughter in the First Degree
    • Rape in the First Degree
    • Criminal Sexual Act in the First Degree
    • Aggravated Sexual Abuse in the First Degree
    • Sexual Conduct Against a Child in the First Degree
    • Kidnapping in the First Degree
    • Burglary in the First Degree
    • Arson in the First Degree
    • Robbery in the First Degree
    • Intimidating a Victim or Witness in the First Degree
    • Incest in the First Degree
    • Criminal Possession of a Weapon in the First Degree
    • Criminal use of a Firearm in the First Degree
    • Criminal sale of a Firearm in the First Degree
    • Hindering Prosecution of Terrorism in the First Degree
    • Criminal Possession of a Chemical Weapon or Biological Weapon in the Second Degree
    • Criminal use of a Chemical Weapon or Biological Weapon in the Third Degree
      Class “C” Felonies are NOT Eligible for Sealing:
    • Attempt to commit a Class “B” Violent Felony
    • Gang Assault in the Second Degree
    • Assault on a Peace Officer, Police Officer, Fireman or Emergency Medical Services Professional
    • Assault on a Judge
    • Strangulation in the First Degree
    • Aggravated Criminally Negligent Homicide
    • Aggravated Manslaughter in the Second Degree
    • Aggravated Sexual Abuse in the Second Degree
    • Burglary in the Second Degree
    • Robbery in the Second Degree
    • Criminal Possession of a Weapon in the Second Degree
    • Criminal Possession of a Firearm in the Second Degree
    • Criminal Sale of a Firearm in the Second Degree
    • Criminal Sale of a Firearm with the Aid of a Minor
    • Aggravated Criminal Possession of a Weapon
    • Soliciting or Providing Support for an Act of Terrorism in the First Degree
    • Hindering Prosecution of Terrorism in the Second Degree
    • Criminal Possession of a Chemical Weapon or Biological Weapon in the Third Degree
      Class “D” Felonies are NOT Eligible for Sealing:
    • Attempt to commit a Class “C” Violent Felony
    • Reckless Assault of a Child
    • Assault in the Second Degree
    • Menacing a Police Officer or Peace Officer
    • Stalking in the First Degree
    • Strangulation in the Second Degree
    • Rape in the Second Degree
    • Criminal Sexual Act in the Second Degree
    • Sexual Abuse in the First Degree
    • Course of Sexual Conduct Against A Child in the Second Degree
    • Facilitating a Sex Offense With a Controlled Substance
    • Intimidating a Victim or Witness in the Second Degree
    • Falsely Reporting an Incident in the First Degree
    • Placing a False Bomb or Hazardous Substance in a Sports Stadium or Arena, Mass Transportation
    • Facility or Enclosed Shopping Mall
    • Criminal Possession of a Weapon in the Third Degree (subsections 5, 6, 7, 8, 9 or 10 only)
    • Criminal Sale of a Firearm in the Third Degree
    • Aggravated Unpermitted Use of Indoor Pyrotechnics in the First Degree
    • Soliciting or Providing Support for an Act of Terrorism in the Second Degree
    • Making a Terroristic Threat
      Class “E” Felonies are NOT Eligible for Sealing:
    • Attempt to commit a Class “E” Violent Felony
    • Persistent Sexual Abuse
    • Aggravated Sexual Abuse in the Fourth Degree
    • Falsely Reporting an Incident in the Second Degree
    • Placing a False Bomb or Hazardous Substance in the Second Degree
      Most Misdemeanor sex crimes are NOT eligible for Sealing:
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