Can someone 21 or over have their federal marijuana conviction expunged? 8 Answers as of August 31, 2011While crossing state lines, I was pulled over, and the police found 40g of marijuana in my car. I was convicted of misdemeanor possession and sentenced to 6 months probation under 21 U.S.C. 811. That was 7 years ago, and I was 21. I have had no other illicit activity since, and I would like to get the record expunged. I read under 18 USC 3607 that someone under 21 can have this kind of record expunged. But I was 21 at the time, so can I have my record expunged?
The Connelly Firm P.C. | Thomas Connelly
No. You said that you were "convicted". 21 USC 811 establishes a diversionary program that results in dismissal of minor drug charges and expungement of the arrest record upon completion of the six-month "probationary" period and no resultant conviction. Your best bet is to move to vacate your conviction arguing that your guilty plea was not knowing, intelligent, and voluntary because you thought that you were getting the benefit of 21 USC 811, but actually did not. If you received bad legal advice from a private attorney or federal defender, you should include that in your application. Please call for a free consultation. In any event, good luck.
Answer Applies to: Pennsylvania
Jackson White, PC | Jeremy Geigle
If you are charged with a federal drug crime, then you may be eligible for the benefits of 18 USC 3607. That statute allows the judge to defer entering the judgment of guilt and place you on probation for no more than one year. If you succeed, then the judge can dismiss the case and you would not have a conviction on your record. As a further benefit, if you were under 21, you could then apply to the court to have your record expunged. If you were 21 or older, and you did not take advantage of the deferred sentencing, you may have to look at other options such as a presidential pardon.
Answer Applies to: Arizona