Article numbers of the Texas Criminal Procedure?

[smutlydog]

What is the name of your state (only U.S. law)Texas
Where can I get the Article numbers or codes of the Texas de of Criminal Procedure for the 2 offenses listed below? I am doing a do yourself Petition for Expunction
Charge 1- Possesion of Marijuana < 5 LBS > 4OZ
Charge 2- Possesion of a Controlled Substance PG1 > 4G < 200G

Example : Theft by Check under Article 55.01(a)(2) of the Texas Code of Criminal Procedure

thanks

 

[CavemanLawyer]

Both of those charges are contained in the health and safety code, not the code of criminal procedure.

Possession of Marihuana is H&S Code 481.121
POCS PG 1 is H&S Code 481.115

Also theft by check (or any theft for that matter) is contained in Penal Code 31.03, not 55.01 CCP.

55.01 CCP is the statute authorizing expunction. Double check your form and make sure you are filling it out appropriately.

 

[smutlydog]

thanks
I guess I was on the verge of making a big error.

 

[smutlydog]

Both of those charges are contained in the health and safety code, not the code of criminal procedure.

Possession of Marihuana is H&S Code 481.121
POCS PG 1 is H&S Code 481.115

Also theft by check (or any theft for that matter) is contained in Penal Code 31.03, not 55.01 CCP.

55.01 CCP is the statute authorizing expunction. Double check your form and make sure you are filling it out appropriately.

I copied part of the paragraph I am using. Should I be using the greater than or less than signs? What about abbreviating the weights? For some reason it doesn't look right. In case you are wondering, the 2 charges are for one arrest.

3. Petitioner is entitled to an expunction of all records and files relating to said alleged offenses of possession of marijuana < 5 LBS > 4OZ and possession of a controlled substance PG1 > 4G < 200G under Article 55.01(a)(2) of the Texas Code of Criminal Procedure, because an indictment or ......

thanks

 

[CavemanLawyer]

The common abbreviation would read:

Possession of marihuana (note spelled with an H and not a J) 4oz < 5lbs
Possession of a Controlled Substance PG 1 4g < 200g.

You can also just write it out, ex: Possession of Marihuana in an amount equal to or greater than 4oz but less than 5lbs.

 

[smutlydog]

thanks again
I have a list entities that compile and disseminate criminal history but I am beginning to think I need one more entity added.

4 years after my arrest I became a licensed LCDC which is a substance abuse counselor licensed by the state. I did a finger print background check with that agency so they have copies of my arrest record. My whole reason for doing all this is because I am applying for another state licence which I know I can get with or without this expunction. The problem is that the employers in my new profession may or may not frown when they see that record.

Do I need to list the agency that licensed me as a counselor?
thanks

 

[CavemanLawyer]

Yes it certainly would not hurt to include them as well though I'm not sure it will have any impact on your current job application. The expunction will remove the record of the arrest(s) from all databases so that they will not be reported on a criminal history search, which is what a potential employer is going to be looking at. An expunction does not prevent an entity from telling someone about the arrest, etc... So if they contact your prior employer they are free to tell them about that criminal history even if they've been ordered to destroy their record.

 

[smutlydog]

thanks,

Is this the address for the FBI?

Federal Bureau of Investigation
J. Edgar Hoover Building
935 Pennsylvania Ave, N.W.
Washington, D.C. 20535-0001

It seems to general. I am thinking there is a specific location that holds criminal records. When I google it I keep getting a CODIS address which specializes in DNA records.

thanks

 

[CavemanLawyer]

Criminal records are maintained by the Department of Public Safety not by the FBI. The expunction would apply to DPS, the arresting agency, the District Attorney's Office, and any other agency (like your previous employer) that may have records.