Montgomery County Offense Guide
Expunging Marijuana Possession in Montgomery County
How a marijuana possession charge gets erased through the Conroe courts — eligibility, local filing practice, and why it's worth doing.
Statute
Tex. Health & Safety Code § 481.121
Offense level
Class B misdemeanor (2 oz or less) up to felony for larger amounts
About the charge
Possession of marijuana remains a crime in Texas: up to two ounces is a Class B misdemeanor punishable by up to 180 days in jail, two to four ounces is a Class A misdemeanor, and larger amounts are felonies. Despite changing attitudes nationally, a Texas marijuana arrest still creates a permanent public record.
Since Texas legalized hemp in 2019, many marijuana cases have been dismissed or declined because labs must now distinguish illegal marijuana from legal hemp — and many prosecutors' offices, especially in large counties, routinely decline or divert low-level possession cases. That wave of dismissals created a wave of expungable records.
Where your case gets cleared in Montgomery County
Montgomery County expunctions are filed in the district courts at the courthouse in Conroe, serving The Woodlands, Conroe, Magnolia, and the fast-growing corridor north of Houston.
Typical records holders include the Montgomery County Sheriff's Office, Conroe PD, constable precincts — which are unusually active in this county — the clerks, and DPS.
Local practice notes
Montgomery County prosecutes conservatively, and fewer cases resolve through lenient diversion than in Harris County next door — but dismissals, no-bills, and acquittals happen everywhere, and those outcomes are just as expungable here. Petitions get genuine scrutiny from the DA's office, so statutory precision matters. Many clients are Woodlands-area professionals clearing old records ahead of energy-sector and corporate screening.
Can a marijuana possession charge be expunged?
Like nearly every Texas offense, eligibility turns on how the case ended. An arrest for this charge is generally expungable under Chapter 55A of the Code of Criminal Procedure if:
- The charge was dismissed and the applicable waiting or limitations period has passed
- You were acquitted at trial
- A grand jury declined to indict (felony no-bill)
- You were arrested but never charged, once the waiting period runs
- You completed a Class C deferred disposition and the charge was dismissed
Marijuana cases are among the most commonly expunged records in Texas precisely because so many end without a conviction — dismissed outright, declined after the hemp law, resolved through a pretrial diversion program, or dismissed after a Class C deferred disposition. If your case ended any of those ways, there is a strong chance the arrest can be erased entirely. Even if you were arrested and never formally charged, the arrest itself is expungable after the waiting period.
If expunction isn't available: sealing
If you completed deferred adjudication for a Class A or B marijuana charge, the record can't be expunged — but it can usually be sealed with an order of nondisclosure, often immediately after discharge and dismissal. Learn how orders of nondisclosure work →
Why clearing this record matters
A marijuana record is a routine reason for job application rejections, and it carries special weight in fields that require background checks — healthcare, education, transportation (CDL), and any federal employment. It can also jeopardize financial aid and housing applications. Because these cases end in dismissal so often, people frequently assume the record is gone; it isn't until a court orders it expunged.
Common questions
My marijuana case was dismissed under the hemp law. Is my record already clear?
No. The dismissal ended the prosecution, but the arrest and court records remain public until a judge grants an expunction. The dismissal does, however, usually make you a strong candidate for one.
Can I expunge a marijuana conviction?
A final conviction generally cannot be expunged. But if you completed deferred adjudication, the record can usually be sealed with an order of nondisclosure — and a completed Class C deferred disposition can be expunged.
Does a marijuana record affect my driver's license or CDL?
A drug conviction can trigger a Texas driver's license suspension, and a marijuana record is a serious obstacle for commercial drivers. Clearing the record removes it from the background checks employers and licensing agencies run.
The DA in Montgomery County opposed my friend's expunction. Does that happen often?
The DA's office reviews petitions carefully and will contest defective or ineligible ones. For eligible cases with precisely drafted petitions, opposition is the exception — that precision is our job.
My arrest was by a constable's office, not the sheriff. Does that change anything?
Only the agency list — constable precincts are active in Montgomery County and must be named and served like any other records holder. We build the complete list from your records.
Statewide guide
Marijuana Possession expunction in Texas →
County guide
All Montgomery County expunctions →
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.
Clear a marijuana possession charge in Montgomery County
Free, confidential review of your Conroe-area case. Flat fee quoted before we start.