Can You Get A Misdemeanor Charge Of Marijuana Expunged From Your Record?


3 Answers

Hayley Clarke Profile
Hayley Clarke answered
Laws on expunging vary from state to state, so it is best to check with your local court or law book. For any conviction, to get an expunction, you must first obtain a pardon. You likely appeared in the municipal or JP court. Look up that court on the Internet and call the court clerk and ask them whether you were convicted or if you were placed on deferred adjudication. If you received a deferment, you should be eligible to expunge your record.

California is the most relaxed state; if you were convicted after 1976 of marijuana or paraphernalia possession, or giving away fewer than 28.5 grams, your records are automatically destroyed after two years. Following this, if asked whether you have ever been arrested or convicted, you can legally say no.

If you were arrested for a marijuana offense before 1976, you have to apply to have your conviction expunged and clean your record. Once the application is approved by the Department of Justice, they will review your record and physically destroy any reference to your marijuana conviction.

In addition, agencies including the DMV, the FBI and local police will all be instructed to destroy records of your conviction. You cannot legally be denied a professional license or permit in California because of your conviction.

Alternatively, in Georgia, you must contact the arresting law enforcement agency and obtain an application for ’Local Record Expungement’. You complete one section, then the arresting agency completes a second section and sends the request to the appropriate prosecutor. The prosecutor then completes a third section, and either approves or denies the request, and will then forward the complete form to the Georgia Crime Information Center.

An expungement can be granted only by a judge. A pardon can be granted only by the governor. There is no limit to the number of times that a person can apply for and receive an expungement. However, when determining whether a person is eligible to have his record expunged, the court looks at the person's entire past criminal history, including matters that were previously expunged.
sandra engeman Profile
sandra engeman answered
It depends on how current the charge was and if you can afford a good attorney. Many things can be expunged from a record depending on these factors.
thanked the writer.
Anonymous commented
What if the charge was issued less than two months ago?
sandra engeman
sandra engeman commented
If you get a good enough lawyer, which will cost you about 1500 dollars you can have it expunged. It also depends on the amount of marijuana you were charged with and if this is your first offense. It can be done though.
Peggy Burtwell Profile
Peggy Burtwell answered
My son was arrested with less than a joint on him - after a year of community service ( 200.00) , random drug screening (40.00 each test), a 400.00 an hour lawyer (not including the 30.00 phone calls), drug awareness class  ( 100.00) - we got him 0ff without the conviction and expunged from his record. Ending up costing well over 2,000.00 and his probation officer suggested jail time because of the failed drug tests and violations of probation - the lawyer earned his Wheaties that day. It is expensive to get it expunged but not impossible - you need a good lawyer.

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