Can Juvenile Convictions Be Sealed in Texas?

Can Juvenile Convictions Be Sealed in Texas?

People often refer to juvenile cases as “juvenile convictions,” but Texas law treats juvenile matters differently than adult criminal cases. Even so, a juvenile record can still appear in background checks, affect employment, housing, education, or professional licensing, and create problems well into adulthood.

The good news is that many juvenile records can be sealed in Texas, and in some cases sealing happens automatically. The less good news is that eligibility depends on how the juvenile case was handled and what happened afterward.

Here’s the general legal framework.

(For related criminal defense issues, see: Criminal Defense Practice Areas
https://www.johnhickmanlaw.com/criminal-defense-practice-areas)

Sealing vs. Expungement in Juvenile Cases

Texas juvenile law primarily uses the concept of record sealing, not expunction. While people often use the terms interchangeably, sealing is the statutory remedy most juvenile cases qualify for.

Once a juvenile record is sealed, the law generally treats it as if it never occurred for most purposes, including employment and background checks, subject to limited statutory exceptions.

Juvenile record sealing is governed by Texas Family Code Chapter 58.

The Three Primary Paths to Sealing Juvenile Records

Texas law provides three main pathways to sealing juvenile records. Which one applies depends on how the case was classified and resolved.

1. Automatic Sealing for Certain Non-Delinquent Cases (CINS)

Some juvenile cases are classified as conduct indicating a need for supervision (CINS) rather than delinquent conduct. These are typically less serious matters under juvenile law.

In qualifying situations, records may be sealed without filing an application, if statutory requirements are met. Common requirements include:

• the person is at least 18 years old,

• no later referrals for delinquent conduct,

• no adult felony conviction, and

• no pending adult charges punishable by confinement.

This pathway exists to allow individuals to move forward without having to initiate a court process once they reach adulthood and remain law-abiding.

2. Automatic Sealing for Certain Delinquent Conduct Cases

Texas law also allows automatic sealing for some juvenile cases involving delinquent conduct, but the requirements are stricter.

In general terms, this pathway requires:

• the person to be at least 19 years old,

• no pending juvenile matters,

• no transfer to adult criminal court,

• no adult felony convictions, and

• no adult misdemeanor convictions or pending charges that could result in jail time.

Additional restrictions apply depending on whether the juvenile was adjudicated and whether the conduct was felony-grade under Texas law.

3. Court-Ordered Sealing by Application

When automatic sealing does not apply, Texas law allows an individual to apply to the juvenile court for record sealing under Texas Family Code § 58.256.

This is the most common route for adults who discover their juvenile record is still affecting them years later.

General eligibility concepts include:

• a minimum age or passage of time since discharge,

• no pending juvenile matters,

• not having been transferred to adult criminal court,

• no adult felony conviction, and

• no pending adult charges punishable by confinement.

The juvenile court has discretion in how it handles these applications, including whether to seal records immediately or set the matter for hearing.

Who Is Generally Disqualified From Sealing?

Texas law places firm limits on sealing for certain histories.

Depending on the statute involved, sealing may be barred for individuals who:

• received a determinate sentence for specified serious offenses,

• are required to register as a sex offender, or

• were committed to the Texas Juvenile Justice Department or a secure correctional facility, unless specific discharge conditions are met.

Across all sealing pathways, an adult felony conviction is a major disqualifier. Adult criminal history is often the first issue that must be evaluated before determining whether sealing is even possible.

Why the Details Matter

Two people may both say they have a “juvenile conviction,” yet have completely different legal options.

Key details that control eligibility include:

• whether the case was CINS or delinquent conduct,

• whether there was an adjudication or deferred resolution,

• whether the case was ever transferred to adult court, and

• what happened in adulthood afterward.

Without those details, it’s impossible to determine which sealing pathway—if any—applies.

Practical Takeaway

Many juvenile records can be sealed in Texas, but the process is statutory and technical. Automatic sealing applies only in narrow situations. Court-ordered sealing requires meeting specific criteria, and some juvenile histories are excluded altogether.

If a juvenile record is still causing problems years later, the starting point is not filing paperwork—it’s identifying exactly how the juvenile court handled the case and whether Texas law allows sealing at all.

Early Termination of Probation in Texas (Community Supervision): How It Works

Early Termination of Probation in Texas (Community Supervision): How It Works

Early termination is possible in many Texas probation cases, but it’s never “automatic.” It requires (1) eligibility under the statute, (2) compliance with key conditions, and (3) a judge’s discretionary decision after notice to both sides.

This post covers the practical, real-world pathway under Texas Code of Criminal Procedure art. 42A.701. Texas Statutes+1

1) The two main eligibility timelines

A. Discretionary early termination (the “may” standard)

A judge may reduce or terminate probation after the person has satisfactorily completed:

• 1/3 of the original probation term, or

• 2 years, whichever is less. FindLaw Codes+1

This is the timeline most people mean when they ask about “early release.”

B. Mandatory judicial review (the “shall review” trigger)

Separately, the statute says the judge shall review the record and consider early termination when the person completes:

• 1/2 of the original probation term, or

• 2 years, whichever is greater—

unless the person is behind on restitution (despite ability to pay) or hasn’t completed required counseling/treatment. FindLaw Codes

Important: “shall review and consider” does not mean “shall grant.”

2) Basic procedure: what actually happens in court

In most counties, a clean early-termination request looks like this:

1. Confirm eligibility date (1/3 or 2 years, whichever is less) and confirm there are no hidden disqualifiers.

2. Collect proof of compliance: payment ledger, restitution status, treatment completion, community service, ignition interlock reports (if applicable), negative tests, and a strong supervision summary.

3. File a Motion to Terminate / Reduce Community Supervision under art. 42A.701.

4. Notice is required: before a judge reduces or terminates probation, the judge must notify the State and the defense. (In practice, your motion and setting usually accomplish this.) FindLaw Codes

5. Judge decides—sometimes on submissions; sometimes after a short hearing; sometimes after the probation department weighs in.

If the judge denies early termination, the statute contemplates written notice describing what still needs to be done to be compliant. FindLaw Codes

3) What judges usually care about (the “why you should get it” factors)

Even when someone is technically eligible, judges typically focus on:

• Restitution: current, consistent, and paid as ordered

• Treatment/counseling: completed with documentation

• No violations: no missed reports, no new arrests, no positive tests

• Stable life facts: job/school, family responsibilities, consistent address

• Risk level: supervision officer’s recommendation often matters

4) Common issues that block early termination

Even strong candidates get tripped up by:

• Being delinquent on restitution (when the court thinks they had the ability to pay) FindLaw Codes

• Unfinished treatment/counseling (even if everything else is perfect) FindLaw Codes

• Prior violations (especially recent) or a pending motion to adjudicate/revoke

• Unpaid fees/costs (sometimes not a statutory bar, but often a practical one)

• A plea agreement term that the State insists on enforcing (depends on the paperwork and local practice)

5) Time credits: can they make you eligible sooner?

Texas law includes time credits in some supervision contexts, and courts may consider them as part of the eligibility/review analysis. The Texas Court of Criminal Appeals discussed the statutory structure around art. 42A.701 and how the mechanism works in practice. Justia Law+1

Practically: don’t assume credits apply—verify the specific basis and whether your county is actually awarding/recognizing them the way you think.

6) Deferred adjudication is different (and often misunderstood)

Early termination on deferred adjudication is not the same thing as early termination after a conviction. The judge’s authority and the downstream consequences (like nondisclosure eligibility) can shift based on:

• the statute used,

• the order signed,

• and the offense type.

If you’re on deferred adjudication, you want the motion framed correctly for that posture (and you want to avoid accidentally creating a record problem that shows up later).

7) “Judicial clemency” orders and why timing/jurisdiction matters

Art. 42A.701 also contains a powerful concept often called “judicial clemency” (setting aside the verdict / allowing withdrawal of plea / dismissal in certain situations). But courts have treated the timing and jurisdiction questions seriously.

In State v. Brent, the Court of Criminal Appeals analyzed whether a trial court has open-ended authority to grant that relief after discharge and emphasized jurisdictional limits. Justia Law+1

Bottom line: don’t treat these as interchangeable checkboxes. “Early termination,” “discharge,” and “judicial clemency/dismissal” can be very different, with very different consequences.

8) Some offenses are categorically excluded (sex-offender registration cases)

Texas courts have made clear that if the conviction is for an offense requiring sex offender registration under Chapter 62, the special early-termination/judicial-clemency pathway is inapplicable. Justia Law+1

If there’s any doubt about whether an offense triggers registration, get that analyzed before filing.

Practical checklist: what to gather before filing

• Eligibility calculation (date + math)

• Full conditions list from the judgment/order

• Payment ledger (fees/costs/restitution separated)

• Treatment completion certificates

• Community service verification

• UA/test history (if any)

• Interlock logs (if any)

• Supervision officer status summary (if obtainable)

• A short affidavit or letter showing stability and compliance (case-dependent)

Can a Felony Be Reduced to a Misdemeanor in Texas?

Can a Felony Be Reduced to a Misdemeanor in Texas?

One of the most common questions I hear is:
“Can this felony be reduced to a misdemeanor?”

The short answer is sometimes.
The longer answer depends on how Texas criminal procedure actually works, not how it looks at first glance.

A major source of confusion is Texas Penal Code § 12.44, so let’s clear that up.

Charges vs. Punishment: The Key Distinction

Texas law separates two different ideas:

1. What you are charged with

2. How you are punished if convicted

A case can remain a felony while still being punished at a misdemeanor level. That distinction matters more than most people realize.

This issue comes up frequently across many types of cases handled under my
<a href="https://www.johnhickmanlaw.com/criminal-defense-practice-areas">criminal defense practice areas</a>, particularly non-violent and financial offenses.

What Texas Penal Code § 12.44 Actually Says

Texas Penal Code § 12.44 allows a court to impose Class A misdemeanor punishment for certain felony cases when justice requires it.

The statute is explicit about state jail felonies, and it is silent about third-degree felonies. That silence is where confusion starts.

“But My Charge Is a Third-Degree Felony”

Clients often notice something important—and they’re right to ask:

“If §12.44 talks about state jail felonies, how does it apply to third-degree felonies?”

The answer comes from Texas case law, not just the statute’s wording.

This question arises often in cases involving fraud, theft, and other
<a href="https://www.johnhickmanlaw.com/white-collar-crimes-defense-texas">white collar crimes</a>, where the line between felony and misdemeanor exposure can be outcome-determinative.

How Courts Handle This

Historically, many offenses that are now state jail felonies used to be classified as third-degree felonies. Texas appellate courts have repeatedly recognized that §12.44 applies to this category through judicial interpretation.

Cases such as Arriola v. State confirm that courts may:

• Leave the offense classified as a felony, but

• Impose punishment capped at Class A misdemeanor levels

This is not automatic. It requires:

• Prosecutorial agreement or judicial discretion

• Proper timing

• A record that supports why misdemeanor punishment serves the ends of justice

Two Very Different Paths Under §12.44

1. Punishment Reduction (§12.44(a))

• The charge remains a felony

• The punishment is capped at Class A misdemeanor range

• The result is still a felony conviction

This is a sentencing decision made by the judge.

2. Prosecution as a Misdemeanor (§12.44(b))

• Requires prosecutor approval

• The case proceeds as a misdemeanor

• The conviction is a misdemeanor, not a felony

This distinction matters for:

• Criminal history

• Future enhancements

• Licensing, employment, and professional consequences

Can the Defense Request §12.44 Treatment?

Yes.

A defense attorney can file a motion requesting Class A misdemeanor punishment, supported by evidence addressing:

• The seriousness of the offense

• The defendant’s history and character

• Rehabilitation prospects

But filing a motion alone doesn’t win it. Timing, leverage, and credibility matter.

What §12.44 Does Not Mean

Common misconceptions:

• ❌ “First offense means automatic reduction”

• ❌ “Low bond guarantees a misdemeanor”

• ❌ “§12.44 erases the felony”

None of those are true.

§12.44 is a tool, not a promise.

Why Early Strategy Matters

These decisions are rarely made at the last minute.

Judges and prosecutors look at:

• How the case was handled from the start

• Whether mitigation was developed early

• Whether the request makes legal and practical sense

Once a case hardens into a trial posture, options narrow quickly.

Bottom Line

Yes—some felony cases can be punished like misdemeanors in Texas, including cases that began as third-degree felonies.

But:

• The statute alone doesn’t do the work

• Case law fills in the gaps

• Procedure and timing matter as much as the facts

If you’re facing felony charges and wondering whether reduction is possible, that question needs to be addressed early—before options quietly disappear.

How Felony Cases Move Through Red River County Courts (Clarksville, Texas)

How Felony Cases Move Through Red River County Courts (Clarksville, Texas)

Felony cases in Red River County follow a structured and deadline-driven process that reflects both Texas law and local court practices. While every case is different, most felony matters in Clarksville move through the system in a predictable sequence. Understanding that sequence—particularly bond, indictment timing, and pretrial procedure—can significantly affect how a case develops.

For a county-specific overview of felony defense in Clarksville, see:
https://www.johnhickmanlaw.com/red-river-county-criminal-defense

Arrest and Magistration in Felony Cases

Felony cases usually begin with an arrest, either pursuant to a warrant or following a warrantless arrest authorized by Texas law. After arrest, the defendant appears before a magistrate for magistration, where:

• The felony charge is stated

• Bond is set

• Constitutional rights are explained

At this stage, many felony cases exist without an indictment, and the State may still be completing its investigation.

Bond and Pretrial Release in Red River County Felony Cases

Bond in Red River County felony cases may take several forms:

• Surety bond through a bondsman

• Cash bond

• Personal recognizance (PR) bond in limited circumstances

Bond amounts and conditions are influenced by:

• The seriousness of the charge

• Any alleged violence or weapons involvement

• Criminal history

• Community-safety concerns

Bond conditions may include no-contact orders, reporting requirements, travel restrictions, or other limitations.

The 90-Day Felony Jail Deadline Under Texas Law

If a defendant remains in jail, Texas Code of Criminal Procedure Article 17.151 creates a critical deadline.

In felony cases:

• If the State is not ready for trial within 90 days of detention, the court must either

  • release the defendant on a personal bond, or

  • reduce bail to an amount the defendant can make

This requirement is mandatory, though statutory exceptions apply. In practice, the State often cannot announce ready without an indictment, making indictment timing especially important in felony custody cases.

Grand Jury Indictment

Felony cases must be formally charged by a grand jury indictment before trial can proceed.

Once an indictment is returned:

• The case posture changes substantially

• The State can generally announce ready

• Discovery obligations expand

• Plea negotiations often accelerate

The timing of grand jury sessions in Red River County can meaningfully affect how long a case remains in a pre-indictment posture.

Monthly Felony Arraignment and Pretrial Docket (6th District Court)

In Red River County, felony arraignments and pretrial matters for the 6th District Court are typically handled on a single consolidated docket each month. Many of these cases involve serious allegations, including drug offenses, which are commonly addressed in this court.
Related: https://www.johnhickmanlaw.com/drug-charges-defense-texas

When it occurs:

• First Monday of each month

• Begins at 9:00 a.m.

• Typically concludes by around noon

The 6th District Court is located on the second floor of the Red River County Courthouse in Clarksville. During this docket, inmates housed in the Red River County Jail are escorted across the street to the courthouse in small groups so they can appear before the court.

What Happens During This Docket

Defendants Appearing for the First Time After Indictment

For defendants newly appearing after indictment, the court will:

• Conduct the felony arraignment

• Allow the defendant to apply for court-appointed counsel

• Appoint an attorney if the defendant qualifies financially

• Take a plea (most commonly not guilty)

• Allow the reading or waiver of the indictment

Defendants Who Already Have Counsel

For defendants who have already been arraigned and are represented:

• Defense counsel is asked whether there are any pretrial motions, discovery issues, or other impediments to trial

• The defense may announce ready or explain outstanding issues

• The court addresses scheduling and trial posture

By the time of this monthly docket, the County Attorney has typically extended any plea offers. The defendant may choose to accept a plea agreement or proceed toward trial. All plea agreements remain subject to the court’s approval.

Discovery Practices in Red River County Felony Cases

Felony discovery in Red River County is handled differently than in many nearby jurisdictions.

Unlike counties that use cloud-based systems such as Odyssey or Axon to distribute discovery electronically, the Red River County Attorney’s Office typically provides discovery on compact disc (CD). Discovery materials are not uploaded to an online portal.

As a result:

• Defense counsel must physically travel to the courthouse

• Go to the County Attorney’s Office on the second floor

• Request discovery in person

• Sign for receipt of the materials

This approach can be unfamiliar to attorneys accustomed to automated electronic uploads and affects the timing of discovery review, motion practice, and plea evaluation.

Limited Office Hours and Their Impact on Communication

Because Red River County is a smaller jurisdiction, county offices are closed on Fridays. This has practical implications for felony cases.

Communication with the County Attorney’s Office is generally limited to Monday through Thursday, which can affect:

• The timing of discovery requests and follow-up

• Plea negotiations close to court settings

• Resolution of time-sensitive issues before scheduled dockets

Planning around the county’s operating schedule is an important part of managing felony cases efficiently in Red River County.

Jury Trials in Red River County Felony Cases

If a felony case proceeds to trial in Red River County:

• The jury consists of 12 jurors

• Trial is divided into two phases:

  1. Guilt or Innocence

  2. Punishment, if there is a conviction

The defendant may typically choose whether punishment is assessed by the judge or the jury.

In many felony cases, jury selection is held the Wednesday following the first Monday felony docket, meaning cases can move quickly from pretrial posture to trial.

Why Timing Matters in Red River County Felony Cases

Felony cases in Red River County are often shaped early by:

• Bond and custody status

• The 90-day readiness deadline

• Indictment timing

• Discovery logistics

• Pretrial motion practice and plea negotiations

Once a felony case is firmly on the trial calendar, flexibility decreases and options narrow.

Final Thoughts

Felony court in Red River County is deliberate, structured, and influenced by both statutory deadlines and local court operations. Understanding how cases move—from arrest and bond, through indictment and arraignment, and into pretrial and trial—helps clarify what to expect when facing a felony charge in the Clarksville courts.

How Misdemeanor Cases Move Through Lamar County Courts (Paris, Texas)

How Misdemeanor Cases Move Through Lamar County Courts (Paris, Texas)

If you’ve been arrested in Lamar County for a misdemeanor—whether it’s a DWI, a family-violence allegation, or another charge—the process usually follows a predictable path. Knowing the steps helps you make better decisions early, when the case can still be shaped.

For Lamar County-specific help, see: https://www.johnhickmanlaw.com/lamar-county-criminal-defense

1) Arrest (and what happens right after)

Most misdemeanor cases start with an arrest—either after a traffic stop (common in DWI cases) or after a call for service (common in assault/family-violence allegations).

Two practical points that matter early:

• Some situations affect whether an officer can arrest without a warrant. Texas law has detailed rules on warrantless arrests, and jurisdiction issues can matter in some cases. (These are not “technicalities”—they can be litigation issues.)

• Some low-level offenses are “cite-and-release” style, but others commonly lead to a physical arrest.

Related reading:

• DWI: https://www.johnhickmanlaw.com/dwi-dui-defense-texas

• Family violence: https://www.johnhickmanlaw.com/assault-family-violence-defense-texas

2) Bond: cash bond, surety (bondsman), or PR bond

After arrest, the next big event is bond—the condition for release from jail while the case is pending.

Common bond types:

• Cash/Surety bond: You pay the amount, or a bondsman posts it for a fee.

• Personal Recognizance (PR) bond: The judge allows release based on a promise to appear and follow conditions (sometimes with conditions like no contact, ignition interlock, etc., depending on the charge).

PR bond eligibility can depend on local practice and the charge, but Texas statutes also create certain bond-rights when someone remains in custody (explained next).

3) Still in jail? Texas deadlines can force release or a bail reduction

If a person stays in jail, Texas law sets mandatory deadlines tied to whether the State is “ready for trial.” If the State is not ready within the statutory window, the court must either release the person on personal bond or reduce bail.

The common misdemeanor windows are:

• 15 days for misdemeanors punishable by 180 days or less (often Class B)

• 30 days for misdemeanors punishable by more than 180 days (often Class A)

This comes from Texas Code of Criminal Procedure art. 17.151, and it’s routinely litigated through a habeas request when deadlines are missed. Courts have described the statute as mandatory, leaving the judge only the two options above when it applies.

A practical Lamar County point: people often describe this as “unindicted,” but the more accurate concept is State readiness—and in many cases, lack of an indictment/information can be part of why the State can’t truthfully announce ready.

4) Charges and exposure: Class B vs. Class A (why it matters)

Many Lamar County misdemeanors are Class B or Class A, and the maximum penalties set the stakes:

• Class B: up to 180 days in county jail and/or up to $2,000 fine

• Class A: up to 1 year in county jail and/or up to $4,000 fine

Those numbers affect bond, strategy, and (as above) the 15-day vs. 30-day jail deadline.

5) Arraignment in Lamar County: counsel application, plea, and the “real start” of negotiation

After charging moves forward, the case reaches an arraignment setting. In Lamar County, defendants are often given an opportunity to apply for a court-appointed attorney at or around arraignment.

Typical arraignment flow:

1. Opportunity to apply for appointed counsel (if the defendant qualifies financially)

2. Entry of a plea:

   • Not guilty (common early, preserves rights and allows review of evidence)

   • Guilty

   • In many plea agreements, no contest may be used (especially when negotiated)

3. The court may:

   • Read the charging instrument or

   • Allow the defendant to waive the reading

This is also where plea negotiation often becomes concrete—because the case now has a posture, a lawyer (ideally), and a court schedule.

One important reality: plea agreements aren’t final until the judge accepts them. They are agreements between the State and the defendant, but the court has discretion on whether to accept the negotiated disposition.

6) Pretrial: motions, discovery posture, and “announce ready”

After arraignment, the next major setting is often pretrial.

This is where defense counsel typically:

• Files pretrial motions (suppression issues, discovery problems, bond matters, etc.)

• Confirms discovery status and evaluates the State’s evidence

• Negotiates toward a plea or positions the case for trial

• If necessary, announces ready and sets the case on a trial track

In Lamar County misdemeanor practice, pretrial is frequently where cases either:

• Resolve by agreement, or

• Shift into a trial preparation posture because the facts/legal issues won’t settle cleanly.

7) Trial: 6-person jury, two phases, and who decides punishment

If a Lamar County misdemeanor case goes to trial in Texas:

• The jury is 6 people (not 12 like most felony trials).

• Trial has two parts:

  1. Guilt/Innocence

  2. Punishment (if there’s a conviction)

A defendant can usually choose whether punishment is decided by:

• The judge, or

• The jury

That decision is strategic and depends heavily on the facts, the client’s history, the charge type (for example, DWI vs. family violence), and the available punishment range.

Where DWI and Family Violence Cases Often Diverge

Some misdemeanors are “routine,” but two categories in Lamar County often move differently because of collateral consequences and conditions:

• DWI cases often involve license issues, breath/blood evidence, and (sometimes) bond conditions like ignition interlock.
  https://www.johnhickmanlaw.com/dwi-dui-defense-texas

• Family violence allegations often involve no-contact conditions, protective-order dynamics, and high stakes even on a misdemeanor because of future enhancement and firearm consequences.
  https://www.johnhickmanlaw.com/assault-family-violence-defense-texas

Wrap-up: the timeline matters early

In Lamar County misdemeanors, the big leverage points usually happen early:

• Bond decisions and bond conditions

• The 15/30-day custody deadlines if someone is still in jail

• Arraignment (counsel appointment + plea posture)

• Pretrial (motions + negotiation + trial posture)

If you want a local overview geared specifically to Lamar County’s courts in Paris, Texas, start here: https://www.johnhickmanlaw.com/lamar-county-criminal-defense

Resisting Arrest in Texas: What the Law Requires and How These Cases Are Litigated

Resisting Arrest in Texas: What the Law Requires and How These Cases Are Litigated

This post provides general legal information only and is not legal advice. Reading this does not create an attorney–client relationship. Outcomes depend on the specific facts of each case.

How Texas defines resisting arrest

In Texas, the offense of resisting arrest is governed by Texas Penal Code § 38.03. A person commits this offense if they:

• intentionally

• prevent or obstruct

• someone they know is a peace officer (or a person acting under the officer’s direction)

• from effecting an arrest, search, or transportation

• by using force against the officer or another person.

The statute focuses on force, not simply refusing commands or questioning an officer’s authority. Tex. Penal Code § 38.03.

Why “force” is the key issue in most cases

In practice, resisting arrest cases often rise or fall on whether the State can prove force as defined by Texas law. This issue comes up frequently in county-level prosecutions, including cases originating in Red River County.

Texas appellate courts have examined a wide range of fact patterns. Some cases have found that physical struggles, pulling away, or pushing can satisfy the force requirement, while others emphasize that minimal or reflexive movement may not. Courts frequently cited in this area include Latham v. State, 128 S.W.3d 325 (Tex. App.—Tyler 2004), and Mayfield v. State, 758 S.W.2d 371 (Tex. App.—Amarillo 1988).

Because of these fact-specific rulings, resisting arrest cases often depend heavily on:

• body-camera footage,

• dash-camera video,

• witness accounts,

• and how the physical interaction is described in reports.

When an arrest is considered “in progress”

Another recurring issue is timing. For a resisting arrest charge to apply, the alleged force must occur while the officer is still effecting the arrest, search, or transportation. Courts generally view this as beginning when the officer attempts to gain physical control and ending once the person is restrained or transported. See generally Latham v. State, 128 S.W.3d 325.

Disputes frequently arise over whether the arrest was still ongoing during handcuffing, movement to a patrol car, or transport to jail.

Charge level and possible enhancement

Resisting arrest is usually charged as a Class A misdemeanor.

However, the offense can be enhanced to a third-degree felony if the accused uses or exhibits a deadly weapon during the resistance. Tex. Penal Code § 38.03(d). The Texas Court of Criminal Appeals addressed this enhancement in Dobbs v. State, 434 S.W.3d 166 (Tex. Crim. App. 2014).

Is an unlawful arrest a defense?

Under Texas law, the unlawfulness of the arrest or search is not a defense to a resisting arrest charge. Tex. Penal Code § 38.03(b). The Legislature eliminated the old common-law right to resist an unlawful arrest.

That said, the legality of the underlying stop can still affect related issues, such as suppression of evidence, credibility of witnesses, or the handling of companion charges.

Common defenses and litigation considerations

Several factors frequently affect how resisting arrest cases are resolved:

1) Whether force actually occurred.
Evidence showing verbal disagreement, hesitation, or passive resistance—without force—can undermine the State’s case.

2) Knowledge that the person was a peace officer.
Lighting conditions, uniforms, announcements, and audio recordings can matter, especially in nighttime or chaotic encounters.

3) Timing of the alleged resistance.
Whether the officer was still effecting the arrest at the moment force is claimed can be decisive.

4) Use of excessive force by law enforcement.
Although unlawful arrest is not a defense, Texas law places limits on the force an officer may use. In narrow situations, self-defense principles may be implicated if excessive force is used. These arguments are highly fact-dependent.

5) Interaction with probation cases.
Resisting arrest charges often arise alongside motions to revoke or adjudicate probation, which can substantially increase exposure and procedural complexity. See generally probation violations and MTR cases in Texas.

Resisting arrest vs. evading arrest

These two charges are often confused:

• Resisting arrest (§ 38.03): requires force against an officer or another.

• Evading arrest or detention (§ 38.04): involves fleeing, on foot or by vehicle, without necessarily using force.

Both can be filed from the same incident, but they involve different legal elements.

Local court context in Red River County

Criminal cases arising in Red River County are handled at the courthouse in Clarksville, Texas. As with many county courts in Northeast Texas, resisting arrest cases are evaluated in light of local law enforcement practices, video evidence, and how the interaction unfolded in real time. General information about criminal defense matters in this venue is available at the Red River County criminal defense page.

How resisting arrest fits into broader criminal cases

Even when filed as a misdemeanor, resisting arrest can influence:

• bond decisions,

• plea negotiations,

• probation eligibility,

• and future enhancement exposure.

It is often evaluated alongside other charges arising from the same incident, rather than in isolation. For an overview of how these cases fit within Texas criminal law more broadly, see the firm’s criminal defense practice areas hub

What Is a “Controlled Substance” in Texas? Penalty Groups, Aggregate Weight, and Why It Matters

What Is a “Controlled Substance” in Texas? Penalty Groups, Aggregate Weight, and Why It Matters

This post provides general legal information about Texas law. It is not legal advice and does not create an attorney–client relationship. Laws and procedures can change, and outcomes depend on the specific facts.

What counts as a “controlled substance” in Texas?

In Texas, “controlled substance” is a defined term under the Texas Controlled Substances Act (Texas Health & Safety Code, Chapter 481). In general, a controlled substance is any drug or substance placed into:

• Schedules I through V, and/or

• Texas “Penalty Groups” (commonly referred to in criminal cases as Penalty Groups 1, 1-A, 1-B, 2, 2-A, 3, and 4)

If a substance appears in one of these categories, Texas law treats it as a controlled substance for charging purposes.

Why the definition matters

The definition is broader than many people expect. In some cases, Texas law treats not only the drug itself, but also certain mixtures or solutions containing the drug, as part of the charged substance. This definition is often central in Texas drug cases, including those involving alleged possession, manufacture, or delivery.

Penalty groups vs. schedules: how Texas structures drug offenses

While schedules help define what substances are controlled, penalty groups are what usually matter most in criminal cases. The penalty group, combined with the alleged weight, largely determines the level of the offense and the potential punishment range.

Example: Methamphetamine

Methamphetamine is classified as a Penalty Group 1 substance under Texas law. Penalty Group 1 includes some of the most heavily penalized substances and is frequently involved in felony drug prosecutions across Texas.

A broader discussion of how Texas handles drug allegations can be found on the firm’s overview page addressing
drug charges under Texas law:
https://www.johnhickmanlaw.com/drug-charges-defense-texas

Aggregate weight in Texas drug cases

Texas often charges possession cases using aggregate weight. That means the State may rely on the total weight of the substance that contains the controlled substance, rather than just the pure drug itself.

Adulterants and dilutants

In many cases, Texas law allows the State to include adulterants and dilutants—materials mixed in to increase bulk or quantity—when determining weight.

Why this matters: Even small differences in how a substance is measured or classified can move a case from one punishment range to another.

Does the bag or container count?

Generally, packaging does not count toward the aggregate weight. The weight is based on the substance itself and any included mixture—not the plastic bag, wrapper, or container holding it.

How Penalty Group 1 possession is charged in Texas

For many Penalty Group 1 substances, Texas Health & Safety Code § 481.115 sets charge levels based on weight:

• Less than 1 gram: State jail felony

• 1 gram to under 4 grams: Third-degree felony

• 4 grams to under 200 grams: Second-degree felony

• 200 grams to under 400 grams: First-degree felony

• 400 grams or more: First-degree felony with enhanced punishment exposure

This weight-based structure applies statewide, including cases prosecuted in Northeast Texas counties such as Lamar County.

Possession under Texas law: more than being nearby

Under Texas law, possession means exercising actual care, custody, control, or management over a controlled substance and knowing that the substance is contraband.

Being near drugs, standing in the same room, or riding in the same vehicle is not automatically enough to establish possession.

Joint possession: how multiple people can be charged for the same drugs

Texas law recognizes the concept of joint possession, meaning more than one person can be charged with possessing the same controlled substance. Possession does not have to be exclusive, and ownership of the substance is not required.

The key limitation: mere presence is not enough

When drugs are found in a location accessible to multiple people, the State must present evidence that links each individual to the contraband. Courts often refer to these as “affirmative links.”

In joint possession cases, prosecutors often rely on additional circumstances such as:

• Control over the location where the substance was found

• Proximity combined with other incriminating factors

• Statements or behavior indicating knowledge

• Personal items found with the substance

• Evidence suggesting shared control or participation

Without these additional links, Texas courts have repeatedly held that mere presence alone is insufficient to prove possession.

Joint possession issues frequently arise in shared residences, vehicles, and multi-occupant settings, including cases prosecuted in places like Lamar County:
https://www.johnhickmanlaw.com/lamar-county-criminal-defense

Common defense and mitigation issues in Penalty Group 1 cases

Every case is fact-specific, but common issues raised in Penalty Group 1 cases include:

• Knowledge and control disputes: whether the person actually knew the substance was present

• Joint possession challenges: whether the State is relying on proximity instead of meaningful links

• Search and seizure issues: legality of stops, searches, or warrants

• Weight proof challenges: whether the lab evidence supports the alleged weight tier

• Mitigation factors: treatment history, stability, and lack of violence

Related context

This topic often intersects with broader regional enforcement patterns and prosecutorial practices. For readers looking for geographic context, see the firm’s overview of criminal defense representation in Northeast Texas:
https://www.johnhickmanlaw.com/northeast-texas-criminal-defense

Bottom line

Texas drug cases frequently turn on penalty group classification, aggregate weight, and whether the State can prove knowing possession, particularly in joint possession situations. Small factual distinctions—where the substance was found, who had access, and how weight was calculated—can have outsized legal consequences.

Child Endangerment Charges in Texas: THC Exposure, CPS Investigations, and Criminal Liability

Child Endangerment Charges in Texas: THC Exposure, CPS Investigations, and Criminal Liability

Child endangerment allegations are among the most serious accusations a parent or caregiver can face in Texas. These cases frequently arise alongside CPS investigations and may involve drug testing of a child, including hair follicle tests that detect THC exposure.

This article provides general legal information only. It is not legal advice and does not create an attorney–client relationship.

What Is Child Endangerment Under Texas Law?

Child endangerment is governed by Texas Penal Code § 22.041. A person may be charged if they:

• Act intentionally, knowingly, recklessly, or with criminal negligence

• By act or omission

• Engage in conduct involving a child under 15 years old

• That places the child in imminent danger of death, bodily injury, or physical or mental impairment

Actual injury to the child is not required. The statute focuses on whether the conduct created an immediate and unjustifiable risk.

Child endangerment is typically charged as a state jail felony, though related conduct often carries additional consequences in CPS and family court proceedings.

CPS Investigations and Criminal Charges Often Overlap

Many child endangerment cases originate in the CPS context. A CPS investigation may lead to:

• Drug testing of a child

• Removal or safety plan proceedings

• A parallel criminal investigation by law enforcement

Although CPS cases are civil matters, information gathered during those investigations is often shared with prosecutors and later used in criminal court.

Regional practice matters. In Northeast Texas, CPS and law enforcement frequently coordinate closely, particularly in criminal defense matters in Lamar County and criminal defense matters in Red River County, where early CPS involvement can quickly escalate into criminal exposure.

THC Exposure and Hair Follicle Testing

Texas law does not specifically reference THC or marijuana in the child endangerment statute. Prosecutors instead rely on broader endangerment principles and controlled-substance theories.

In some cases, allegations stem from a positive hair follicle test showing THC metabolites in a child. Courts generally recognize that hair testing reflects historical exposure, not necessarily recent ingestion. A positive result alone does not resolve the legal analysis.

Key issues often include:

• How the alleged exposure occurred

• Whether the conduct created imminent danger, not merely a speculative or theoretical risk

• The reliability and context of the testing

• The parent or caregiver’s mental state at the time

Legal Products, Knowledge, and Risk Awareness

Child endangerment allegations sometimes involve exposure to substances that were legally purchased or widely available at the time. Texas law does not require that the underlying conduct be illegal on its face. Instead, courts focus on whether the conduct created an imminent and unjustifiable risk to a child.

A lack of understanding about how a substance could affect a child does not automatically defeat criminal liability. The statute permits conviction based on recklessness or criminal negligence, meaning the State may argue that a person should have been aware of a substantial and unjustifiable risk, even if no harm was intended.

Whether a product was lawful to possess or purchase is not dispositive. In an endangerment analysis, courts typically examine the totality of the circumstances, including foreseeability of risk, supervision, and the surrounding environment, rather than the legality of the product itself.

Mental State Is a Central Issue

Child endangerment is a nature-of-conduct offense. The State must prove one of the following mental states:

• Intentional conduct

• Knowing conduct

• Reckless disregard of a known risk

• Criminal negligence, meaning failure to perceive a substantial and unjustifiable risk

Many cases turn on whether the evidence actually supports one of these mental states and whether the alleged danger was truly imminent.

Why Early Decisions Matter

Statements made during CPS interviews, consent to testing, and explanations offered without legal guidance can significantly affect later criminal proceedings. Once evidence is framed as endangerment, it is often difficult to undo.

For general background on arrests, investigations, and common procedure questions, readers may find it helpful to review these client resources on Texas criminal cases.

Early decisions frequently determine whether a case resolves quietly or escalates into felony prosecution.

Final Thoughts

Child endangerment allegations involving THC exposure are legally complex and highly fact-specific. Texas courts evaluate the totality of the circumstances, including conduct before and after the alleged exposure, witness credibility, and whether the child faced immediate danger.

Because jury convictions are rarely overturned on appeal, careful early analysis and strategic handling are critical.

This article is for general informational purposes only and does not constitute legal advice. Reading this post or submitting information through this website does not create an attorney–client relationship. Attorney John Hickman is not certified by the Texas Board of Legal Specialization. Principal office: Paris, Texas.

Over-Policing, Traffic Stops, and Why Early Decisions Matter in Texas Criminal Cases

Over-Policing, Traffic Stops, and Why Early Decisions Matter in Texas Criminal Cases

Interactions with law enforcement often begin in ordinary ways: a traffic stop, a “consensual” conversation, or a brief detention that escalates into an arrest. In Texas, these encounters carry significant legal consequences, and small decisions made early can have lasting effects on a criminal case.

This post is general information only. It is not legal advice and does not create an attorney–client relationship.

Jury Convictions Are Rarely Overturned on Appeal

During a summer internship at the Texas Fifth Court of Appeals, one lesson became clear very quickly: jury convictions are rarely reversed. Appellate courts in Texas give substantial deference to jury verdicts and trial-level factual findings. While reversals do occur, they are uncommon and usually depend on clear legal error or constitutional violations preserved before trial.

Because of this reality, criminal cases are often won or lost long before a jury is ever seated. Early investigation, careful review of arrest facts, and timely pretrial motions are critical. Once evidence is admitted and a jury convicts, appellate remedies are limited.

Over-Policing and Unjustified Stops in Texas

Texas courts have repeatedly suppressed evidence when law enforcement lacked reasonable suspicion or probable cause for a stop or detention. Examples from Texas case law include situations involving:

• Stops based on vague or conclusory observations rather than specific facts

• Prolonged detentions without independent justification

• Searches conducted after consent that was not voluntary or clearly established

• Stops based on misunderstandings of traffic or criminal statutes

When courts find that a stop or search was unlawful, evidence obtained as a result may be excluded. But these outcomes depend heavily on what happened during the encounter and whether the issue is properly raised before trial.

These types of issues arise across jurisdictions, and understanding how criminal cases are handled regionally is an important part of protecting your rights in Northeast Texas criminal defense matters.

Why Consenting and Talking Can Eliminate Valid Legal Challenges

One of the most common and costly mistakes people make is unnecessarily providing law enforcement with evidence. Consenting to searches, volunteering explanations, or continuing to answer questions after detention can convert a potential suppression issue into admissible evidence.

In practical terms:

• A questionable stop may become legally irrelevant if consent is given

• A weak case may become strong through admissions

• A search that could have been challenged may be validated by cooperation

Once evidence is lawfully admitted, it is far more difficult to exclude later.

Silence and Early Legal Review Matter

Invoking the right to remain silent and requesting an attorney are not signs of guilt. They are constitutional protections designed to prevent misunderstandings, misstatements, and unnecessary exposure.

Equally important is documenting arrest facts early. Details such as timelines, locations, officer statements, and the sequence of events can matter significantly. These facts allow a lawyer to assess whether pretrial motions—such as motions to suppress—may be appropriate.

For general background on arrests, common criminal procedure questions, and next steps, readers may find it helpful to review these client resources on Texas criminal cases.

Do Not Expect Leeway After the Fact

Courts do not generally provide “grace periods” for constitutional missteps, and criminal charges—especially those involving drugs or allegations of public safety concerns—often carry stigma. Judges and juries are unlikely to excuse violations of the law simply because a person did not understand their rights at the time.

Law enforcement officers are not legal advisors, and their role is not to protect a suspect’s legal position. Responsibility for compliance and decision-making ultimately rests with the individual.

A Proactive Approach Is Critical

Texas criminal procedure places a premium on early, proactive legal analysis, not damage control after charges solidify. Whether an arrest involved over-policing, a questionable stop, or a rapidly escalating encounter, the window to challenge the State’s evidence is often narrow.

Understanding your rights before problems escalate is one of the most effective ways to protect your freedom, your record, and your future.

Sex Offender Registration Compliance in Lamar and Red River Counties, Texas: What You Need to Know

Sex Offender Registration Compliance in Lamar and Red River Counties, Texas: What You Need to Know

If you are required to register as a sex offender in Texas, the duties under Chapter 62 of the Code of Criminal Procedure are strict and time-sensitive. A missed deadline or incomplete update can lead to a new felony charge, with possible punishment of up to 10 years in prison depending on the circumstances.

This post focuses on compliance, not defense, and is general information only. It does not create an attorney–client relationship and should not be relied upon as legal advice.

Who Is Required to Register?

Texas law requires registration for people with a “reportable conviction or adjudication” for certain offenses, including (but not limited to):

• Indecency with a child by contact

• Sexual assault and aggravated sexual assault

• Sexual performance by a child

• Aggravated kidnapping with a sexual component

• Certain child pornography or compelling prostitution offenses

• Out-of-state or federal convictions substantially similar to Texas offenses

Some adults with a single qualifying offense and some juveniles may be eligible for judicial exemption or early termination of registration duties. That process depends heavily on individual circumstances and must be evaluated on a case-by-case basis.

Where Registration Occurs in Lamar and Red River Counties

Under Texas law, registration and updates must be completed in person with the local law enforcement authority:

• City residents register with the police department for that city.

• County residents outside city limits register with the sheriff’s office.

This applies in Lamar County, Red River County, and surrounding Northeast Texas areas.

Texas law does not permit registration or updates by phone, voicemail, email, or online form.
If you cannot attend in person or are unsure where to go, you should clarify that with the correct authority before any deadline arrives.

Initial Registration: The Seven-Day Window

A person must register:

• No later than the seventh day after arriving in the municipality or county where they live or intend to live more than seven days, or

• No later than the seventh day after release from a penal institution.

Texas does not provide a general grace period. The responsibility to comply rests entirely on the registrant.

Required Verification: Annual or Every 90 Days

Depending on the offense and criminal history, a registrant must verify their information:

• Once per year during the 30-day window surrounding their birthday, or

• Every 90 days, with a narrow reporting window after each prior verification.

If you do not know which schedule applies to you, that should be clarified immediately because the reporting cycles are strict.

Updates Triggered by Life Changes

Certain life changes must be reported within seven days in Texas, including:

• Change of physical address

• Moving to another county or another state

• Starting, ending, or changing employment

• Changes in educational enrollment

• Creation or change of online identifiers (usernames, email addresses, etc.)

If a person resides in Texas but works or attends school in another state, they may also need to register in that state within 10 days of beginning work or classes.

Local Realities in Lamar and Red River Counties

From practical experience in these counties, a few compliance concerns tend to arise:

• Registration officers may not double-check your data for accuracy.
  If something is outdated in your file, that does not relieve you of responsibility.

• Assuming a call or note is “good enough” is a common mistake.
  The law requires in-person updates unless the statute specifically provides otherwise.

• Officers are professional but are not advocates.
  They administer the registration program; they do not provide legal advice or protect registrants from errors.

• Courts treat failure-to-comply allegations seriously.
  Because of the stigma surrounding these cases, courts may be less flexible about misunderstandings or near-misses.

These realities increase the importance of a proactive compliance approach.

A Proactive Approach Can Prevent Serious Problems

Consider incorporating the following habits into your compliance routine:

1. Periodically review your registration file

Do not assume your record is always accurate or fully updated.
Ask the registration authority to confirm what information they have on file and request removal of outdated entries if appropriate.

2. Treat every life change as a potential reporting event

Moving, changing jobs, changing email addresses, or even creating new online accounts may trigger reporting duties.

3. Keep written proof of each registration or update

Documentation can prevent misunderstandings and may be crucial if questions arise later.

4. Avoid waiting until the deadline

Unexpected closures, staffing issues, or scheduling conflicts at the registration office will not excuse missed deadlines.

5. Consult a lawyer early if you are unsure

A brief consultation about compliance can prevent a far more serious problem down the road.

This Article Is Not Legal Advice

This information is meant for general educational use only.
Sex offender registration duties vary widely depending on:

• The specific offense

• Prior criminal history

• The original jurisdiction

• Whether the conviction was adult or juvenile

• Any applicable court orders

Anyone who has questions about their own reporting requirements should consult a criminal defense attorney familiar with registration law in Texas.

Clearing Your Record in Paris, Lamar County, and Northeast Texas

Who Qualifies for Expunction in Texas?

Clearing Your Record in Paris, Lamar County, and Northeast Texas

Having an arrest or old case on your record can follow you for years. Background checks for jobs, housing, professional licenses—even coaching your kid’s team—often pull up records long after a case is over.

In Texas, an expunction (also called an expungement) is the legal process that can erase certain criminal records as if they never happened. But eligibility is technical and very specific. Texas courts treat expunctions as a statutory privilege, not an automatic right, and they require strict compliance with the law.

This post gives a plain-language overview of who may qualify for an expunction under Texas law. It is general information only and not a substitute for legal advice about your specific situation.

What Is an Expunction in Texas?

An expunction is a court order requiring agencies—like law enforcement, courts, and some private entities—to:

• Destroy or return certain records related to an arrest, and

• Treat the arrest as though it never happened, with limited exceptions.

Texas courts have repeatedly held that:

• Expunction is created entirely by statute, and

• You only qualify if you meet every requirement in the applicable provision.

That means a judge can’t grant an expunction just because it feels fair. The facts must fit the statute.

Main Ways to Qualify for an Expunction

Under Texas law, there are several common pathways to expunction. Below are the major categories, simplified for non-lawyers.

1. You Were Found “Not Guilty” (Acquittal) or Later Pardoned

You may be entitled to an expunction if:

• You were tried for the offense tied to the arrest and acquitted, or

• You were convicted but later pardoned or granted relief based on actual innocence.

In the actual-innocence context, the court order or pardon usually must clearly state that it is based on actual innocence to trigger expunction eligibility.

However, even after an acquittal, expunction can be blocked if:

• Other charges from the same criminal episode are still pending; or

• Another charge from that incident resulted in a conviction.

So “not guilty” on one count doesn’t automatically clear everything arising from that event.

2. Your Case Did Not Result in a Final Conviction

Many people become eligible for expunction because their case never ended in a final conviction. Common examples include:

• The case was dismissed

• The grand jury returned a no-bill

• The prosecutor declined to file charges

• You completed a Class C deferred disposition before judgment

In these situations, Texas law generally requires that:

• You are not in custody for the case,

• There is no final conviction,

• The case is no longer pending, and

• You did not receive community supervision (probation) under the main probation statute (other than for Class C misdemeanors).

On top of that, there are waiting periods before you can seek expunction, based on the level of offense:

• Class C misdemeanor: typically 180 days from the date of arrest

• Class A or B misdemeanor: typically 1 year

• Felony: typically 3 years

These waiting periods can interact with statutes of limitation and other factors. The timing can be critical, especially if the State could still refile charges.

3. You Were Arrested, But Never Charged or the Case Was Dropped

Some people are arrested, but:

• Charges are never actually filed, or

• The State dismisses the case later.

If the arrest did not lead to a conviction and there are no other pending charges from the same incident, you may have a path to expunction once any required waiting period has run.

In practice around Paris, Lamar County, and surrounding counties, this often arises from:

• Arrests that lead to a “no-bill” by the grand jury

• Cases dismissed in the interests of justice

• Situations where the State files but later drops charges

The details matter a lot—especially whether any related charges were filed or are still pending.

4. Special Rules for Minors and Certain Juvenile-Type Offenses

Texas law is more forgiving for some offenses committed while a person was a minor, especially certain alcohol and tobacco-related offenses.

Examples include:

• A minor with one conviction under the Alcoholic Beverage Code may, after turning 21, apply to have that conviction expunged if they meet the statutory requirements (including having no other qualifying convictions under that Code while a minor).

• Certain tobacco or e-cigarette related offenses under the Health and Safety Code may be expunged once the person turns 21 and meets the statutory conditions.

There are also provisions for:

• Minors who were arrested but not convicted for certain offenses and want the arrest expunged.

These juvenile-related expunction statutes reflect a policy choice: Texas recognizes that young people can make mistakes and should, in some cases, have a cleaner slate as adults—if they meet the legal criteria.

5. Expunction in Special Circumstances

There are more specialized avenues to expunction in certain situations, including where:

• The prosecuting attorney certifies that the records are no longer needed for investigation or prosecution, or

• The statute of limitations has expired and the State can no longer prosecute the offense.

These provisions can come into play where a case slowly dies on the vine, or where the State effectively abandons prosecution but never formally dismisses in the usual way.

6. Who Is Not Eligible for Expunction?

Texas law also spells out who cannot get an expunction in particular scenarios. For example:

• Someone who intentionally absconds from the jurisdiction after being released on bond for an arrest may be disqualified from expunction for that arrest under certain provisions.

• Many people who were placed on community supervision (probation) for the offense (other than most Class C cases) are not eligible for expunction, though they may have other options like orders of nondisclosure instead.

• A final conviction for most adult offenses generally cannot be expunged, although there are a few narrow exceptions (such as pardon/actual innocence).

Because the consequences of filing an expunction request when you’re not eligible can be serious—and the State often contests these cases—it’s important to get a careful review of your individual history before filing anything.

Expunction vs. Nondisclosure: Know the Difference

People often use “expungement” to describe any kind of record cleaning. In Texas there’s a major distinction:

• Expunction:

  • Records are destroyed or returned

  • You can usually deny the arrest in most circumstances

• Order of Nondisclosure:

  • Records are sealed from the general public, but not erased

  • Certain agencies and licensing bodies still have access

If you don’t qualify for expunction, you might still qualify for nondisclosure. A proper analysis should look at both options.

Why Talk to a Local Attorney About Expunction?

Even with a straightforward statute, expunction law in Texas is technical:

• The petition must match the statute exactly

• The wrong timeline or misunderstanding of the case history can lead to denial

• Agencies can oppose or appeal an expunction order

• One wrong assumption about “no conviction” versus “deferred” can change everything

A local attorney familiar with Paris, Lamar County, Red River County, Fannin County, and Hopkins County can:

• Review your criminal history and court records

• Identify whether expunction, nondisclosure, or another remedy is realistic

• Explain the waiting periods and timing issues

• Draft and file the petition correctly

• Represent you at any hearing and respond to objections from the State

Thinking About Clearing Your Record in Northeast Texas?

If you’re wondering whether you qualify for an expunction in Texas—or whether a nondisclosure might be available instead—I’d be glad to review your situation.

I handle record-clearing matters for clients in Paris and throughout Lamar, Red River, Fannin, and Hopkins Counties, including:

• Arrests that were dismissed or no-billed

• Old cases without final convictions

• Juvenile-type and minor alcohol/tobacco offenses

• Situations where the record is holding you back from work or housing

📞 Call The Law Office of John L. Hickman, PLLC at 903-225-9489

We’ll go through your history, talk about expunction vs. nondisclosure, and walk through your options in clear, plain language so you can make an informed decision about your future.

Why Transparent Pricing Matters in Legal Services

Why Transparent Pricing Matters in Legal Services

By The Law Office of John L. Hickman PLLC | Paris, Texas

When you hire a lawyer, one of the biggest worries most clients have is: “How much is this going to cost?”

At The Law Office of John L. Hickman PLLC, we believe that question deserves a clear answer — not a surprise. That’s why we post our flat-fee schedule openly on our website. Every client knows the cost of their case before they hire us.

The Problem With “Billable Hours” and Hidden Fees

Many law firms still rely on hourly billing. The problem? It leaves clients guessing. You might receive a quote for a retainer — but not know how much additional work will cost. Phone calls, paperwork, and travel time can all add up, leaving you with a final bill that’s far higher than you expected.

This uncertainty can make it hard for everyday people to plan or feel comfortable asking for help. For someone facing a criminal charge or trying to clear their record, the last thing they need is financial anxiety on top of legal stress.

Our Solution: Flat Fees and Full Transparency

Our firm takes a different approach. We list exact, flat rates for most services, including:

• Misdemeanor defense

• Felony representation

• Occupational driver’s licenses (ODLs)

• Early probation discharge

• Record clearing and expunction services

This means no hourly surprises — just a simple, predictable price.

How Transparent Pricing Benefits Our Clients

1. You stay in control. You know what you’ll pay before you sign.

2. You can plan with confidence. No unexpected invoices or hidden costs.

3. You get real value. Flat fees encourage efficiency, not delay.

4. You build trust. Transparency reflects honesty — a value at the heart of our practice.

Why It Matters in Small and Rural Communities

In Paris, Texas and surrounding counties like Lamar, Red River, and Fannin, access to justice often depends on affordability. We believe legal services should be straightforward and fair, not confusing or intimidating. Our flat-fee approach helps make that possible.

Compare for Yourself

Before hiring any attorney, ask how they charge.

• If you hear, “It depends,” or, “We’ll know after we start,” — that’s a red flag.

• If you see clear prices up front — that’s transparency.

At The Law Office of John L. Hickman PLLC, we’re proud to offer clear fees, honest communication, and dedicated representation for every client we serve.

Looking for Affordable Legal Help in North Texas?

If you need a criminal defense attorney in Paris, TX or help with record clearing, occupational driver’s licenses, or early probation discharge, contact us today.

How to Get an Occupational Driver’s License (ODL) in Texas: What You Need to Know

How to Get an Occupational Driver’s License (ODL) in Texas: What You Need to Know

By The Law Office of John L. Hickman, PLLC | Paris, Texas

Losing your driver’s license in Texas can put your job, family, and daily life on hold. Fortunately, in many cases, Texas law allows for an Occupational Driver’s License (ODL) — sometimes called an “essential need license.”

An ODL gives you limited driving privileges while your regular license is suspended, revoked, or canceled — so you can still get to work, school, or perform essential household duties while staying within the law.

What Is an Occupational Driver’s License?

Under Texas Transportation Code § 521.242, an ODL is a restricted, court-authorized license that lets a person operate a non-commercial vehicle under defined conditions after a suspension.

An ODL can only be granted when a person demonstrates an essential need to drive — such as employment, medical appointments, school, or necessary household errands.

An ODL cannot be issued for the operation of a commercial vehicle (like a CDL truck). It also cannot be issued for suspensions related to medical reasons or failure to pay child support.

Who Qualifies for an ODL in Texas?

You may qualify if:

• Your driver’s license was suspended or revoked for reasons other than medical impairment.

• You need to drive for work, school, or family duties.

• You are not currently disqualified from operating a commercial motor vehicle.

Even if your suspension came from a DWI, refusal to provide a breath/blood sample, or points violations, you may still be eligible — though waiting periods can apply.

The Steps to Get an Occupational License

1. File a Verified Petition

You (or your attorney) must file a verified petition in a court with jurisdiction — usually the county where you live or where your suspension occurred.
This petition explains your essential need, driving routes, and hours. It also must include:

• Your reason for suspension

• Proof of financial responsibility (SR-22 insurance)

• A certified copy of your driving record

If the suspension resulted from a criminal conviction, your petition must be filed in the same court that handled that case.

2. Court Hearing and Order

The judge reviews your petition and may hold a hearing. If granted, the court order will spell out:

• What hours and days you can drive

• Where you can drive (routes or areas)

• Why you’re allowed to drive (employment, school, etc.)

• Any interlock or testing requirements

• The rule that you cannot operate commercial vehicles

In most cases, driving is limited to 4 hours per day, unless you can show the court that a longer period is necessary.

3. Submit the Order to DPS

After court approval, you must send to the Texas Department of Public Safety (DPS):

• A certified copy of the court order and petition

• Your SR-22 insurance form

• Reinstatement and issuance fees

Once processed, DPS will issue the physical ODL. Until then, you can use a certified copy of your court order as a temporary license for up to 45 days.

4. Follow All Restrictions Carefully

Driving outside the approved times, routes, or purposes — or failing to keep your certified court order in your possession — is a Class B misdemeanor.
Violations can lead to revocation of your ODL and additional penalties.

The license typically expires on the first anniversary of the court order unless renewed.

Why an ODL Matters

For most clients, an occupational driver’s license is the difference between keeping and losing a job, maintaining school attendance, or supporting family members.

Getting one quickly and correctly is critical. Small paperwork errors, missing documentation, or filing in the wrong court can delay your approval for weeks — or cause a denial.

That’s why working with an attorney familiar with Lamar, Red River, and Fannin County courts can make a big difference.

Flat-Fee ODL Representation in Paris, TX

At The Law Office of John L. Hickman, PLLC, we offer flat-fee occupational driver’s license representation — no hidden hourly billing or surprise costs.

We prepare and file your petition, coordinate your hearing, and guide you through the DPS process to help you get back on the road legally and efficiently.

Ready to Get Started?

If your license is suspended and you need to drive for work, school, or family responsibilities, don’t wait.
Complete our quick Occupational License Intake Form and we’ll contact you to review your eligibility and explain next steps.

📞 Call: 903-225-9489
📍 Office: 101 W. Houston St., Paris, TX 75460
🌐 Visit: https://www.johnhickmanlaw.com/intake-form

Early Release from Felony Probation in Texas: What I’m Seeing in Lamar County (and How to Improve Your Odds)

Early Release from Felony Probation in Texas: What I’m Seeing in Lamar County (and How to Improve Your Odds)

By John L. Hickman, Attorney at Law — Paris, Texas

Last week in the Lamar County District Court, I watched someone ask—pro se (without a lawyer)—for early termination of felony probation. The request was denied. It was a tough moment and a good reminder that knowing the rules and court expectations really matters.

As a Paris-based criminal defense attorney serving Lamar, Red River, and Fannin Counties, I believe early termination can be life-changing. Staying on felony probation keeps a Sword of Damocles hanging overhead: any slip can trigger serious consequences. When the law allows, getting free of that risk sooner is worth pursuing—but it has to be done the right way.

What Texas Law Says (Plain English)

Texas law allows judges to end probation early when certain benchmarks are met and the person has done well on supervision.

• Discretionary early termination: A court may end supervision after you’ve completed the lesser of one-third of the term or two years, if your performance has been satisfactory.

• Mandatory “review” to consider termination: A court must consider early termination after you’ve completed the greater of one-half of the term or two years, and you’re current on fees/restitution and have finished any court-ordered treatment or counseling.

• Time-credit accelerators: In some cases, time credits can speed up when you reach the eligibility window.

• Important exclusions: People convicted of offenses that require sex-offender registration are not eligible for judicial clemency/early termination under this pathway. Other serious offenses can also be excluded.

Bottom line: eligibility is a gateway, not a guarantee. The judge still looks at your performance, compliance, and public-safety factors before ruling.

Why Pro Se Requests Often Fail

From what I see locally, early-termination motions get denied most often for these reasons:

1. Wrong timing (filed before the statute’s time thresholds or before completing counseling/treatment).

2. Unpaid obligations (fees, fines, restitution) or missing proof of payment.

3. Missing documents (no supervision compliance letter, no certificates, no proof of completed programs, no clean UA record attached, etc.).

4. No support from supervision (probation officer report isn’t favorable or isn’t in the file).

5. Weak narrative (motion doesn’t show stability, rehabilitation, and low risk to reoffend—employment, schooling, family/community ties, negative drug tests, etc.).

6. Wrong forum or format (using the wrong form, inadequate notice to the State, or not following local filing/hearing practices).

In short: eligibility + complete, credible, court-ready proof is what moves the needle.

How I Build These Motions for North Texas Courts

My approach is simple: meet the statute, satisfy the judge, and remove doubt.

• Timing audit: Confirm you’ve crossed the statutory threshold (one-third/half or two years, as applicable) and whether time credits help.

• Compliance proof: Gather a clean ledger for fees/fines/restitution, program completion certificates, negative UA history, community service completion, and no new violations.

• Risk & rehabilitation story: Employment, education, family responsibilities, housing stability, community involvement, counseling progress—document everything.

• Coordination with supervision: Where possible, obtain a favorable officer report and resolve any outstanding items first.

• Local practice: Follow Lamar County District Court preferences for format, notice, and hearings. (Red River and Fannin may do things slightly differently—we tailor to each court.)

• Persuasive brief: Present the legal standards clearly and show how your record meets or exceeds them.

Why Early Termination Matters

• Removes daily risk: Probation violations can snowball—ending supervision removes that constant exposure.

• Employment & housing: Many employers and landlords view active probation negatively.

• Travel & freedom: Less supervision means fewer restrictions.

• Focus on the future: You can invest energy in work, family, and growth—not check-ins and conditions.

Lamar County (Felony) vs. Misdemeanor Context

Your District Court case means felony probation—stricter rules and higher scrutiny than most misdemeanor cases. That makes preparation even more crucial. If your case is in Red River or Fannin, we’ll calibrate for that court’s process too.

Quick Self-Check Before You File

• Have you reached the statutory time threshold?

• Are all fees/fines/restitution paid in full (and do you have proof)?

• Have you completed every required class, treatment, or counseling?

• Do you have clean UAs and a violation-free record lately?

• Can you show steady job/school, stable housing, and community ties?

• Do you know your court’s notice and hearing requirements?

If you’re unsure about any box above, fix it before filing—or let me help you get it ready.

FAQ (Paris & Surrounding Counties)

Q: Am I automatically off probation once I hit two years?
A: No. Hitting the time mark just creates eligibility or triggers the court’s duty to consider. You still need a granted order.

Q: I’m on a payment plan. Can I still get off early?
A: Courts generally expect balances paid before granting early termination. If there’s genuine hardship, we’ll address it—with evidence.

Q: I had one minor violation last year—am I done?
A: Not necessarily. Strong recent compliance and a solid record after that issue can still support a grant.

Q: Do sex-offense cases qualify?
A: No—Texas law excludes cases requiring sex-offender registration from this path.

Q: Is there any benefit to waiting a little longer before filing?
A: Sometimes. A few extra months of spotless compliance or finishing a program can strengthen the case.

Ready to Ask for Early Termination? Start with a File-Ready Plan.

If you’re in Paris, Texas or nearby Lamar, Red River, or Fannin County, I can review your timeline, ledger, and supervision history, then build a compelling, court-ready motion tailored to your court.

📞 (903) 225-9489
📍 101 W. Houston St, Paris, TX 75460
🌐 johnhickmanlaw.com

This post is general information, not legal advice. Laws and procedures change, and results depend on the facts of your case.

What to Do If You’re Arrested in Texas: A Step-by-Step Guide

What to Do If You’re Arrested in Texas: A Step-by-Step Guide

Being arrested is one of the most stressful experiences anyone can face. Whether you’re innocent, made a mistake, or simply found yourself in the wrong place at the wrong time, what you do next can have a major impact on your future.

At The Law Office of John L. Hickman, PLLC, we’ve helped countless clients across Texas navigate the criminal justice system with confidence and dignity. Here’s what you should do - and not do - if you are arrested in Texas.

1. Stay Calm and Don’t Resist

It’s natural to feel scared or angry, but resisting arrest can lead to additional charges. Stay calm, keep your hands visible, and follow law enforcement instructions. Remaining respectful can help you avoid unnecessary escalation.

2. Exercise Your Right to Remain Silent

You have the constitutional right to remain silent. You do not have to answer any questions beyond providing your name and identification. Politely say:

“I want to remain silent and I want to speak to my attorney.”

Anything you say can and will be used against you - even if you think it’s harmless.

3. Don’t Consent to Searches

Unless officers have a valid warrant or specific probable cause, you are not required to consent to a search of your home, vehicle, or belongings. Politely state that you do not consent to a search.

4. Contact an Attorney Immediately

Your first call should be to a criminal defense lawyer - before speaking with police, investigators, or prosecutors. An experienced attorney like John Hickman can guide you through the process, protect your rights, and start building your defense right away.

5. Avoid Discussing Your Case

Don’t talk about your arrest with friends, family, or on social media. Even casual comments can be misinterpreted and used against you in court.

6. Attend All Court Dates

Failing to appear in court can lead to a warrant for your arrest and damage your credibility. Stay organized, arrive on time, and follow your attorney’s instructions.

Final Thoughts

Being arrested doesn’t mean you’re guilty - it means you’ve been accused. The outcome depends heavily on your next steps and the quality of your defense.

If you or someone you love has been arrested in Texas, don’t wait. Contact The Law Office of John L. Hickman PLLC today for experienced, aggressive, and compassionate representation.

Email us today: jhickman@johnhickmanlaw.com 
Serving clients throughout Texas