Can you expunge a conviction for drug possession if you are 18? 1 Answers as of November 03, 2010

My son was caught with ecstasy and he is 18. This is his first and only drug offense and he was not caught for using just for possession. I was wondering if expungement was possible either now or a few years down the road.

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Beaulier Law Office | Maury Beaulier
The answer varies broadly by State. Under current Minnesota law, an expungement would not be possible. Expungements are only allowed by statute where there has been a determination in your favor. That means, ultimately, the charges must have been dismissed. If that occurred, you may erase any and all court or administrative records. There are diversion programs for drug charges that result in a dismissal. If he was part of such a program, an expungement is possible.

There are also Judicial expungements. Such an expungement is entirely up to the Judge as to whether it should be granted. This is an important distinction since a Court cannot expunge anything but judicial records with a judicial expungement unless there is an overriding basis that requires the expungement in the interests of justice. The courts have ruled that seeking better employment or promotions would not be a basis to expunge administrative records.

Administrative agencies generally are the places where background checks are performed. Criminal records are also maintained by Administrative Agencies such as the Bureau of Criminal Apprehension. This is an executive agency. As a result, the criminal records, if held by the BCA, would never be expunged in a Judicial expungment.
Answer Applies to: Minnesota
Replied: 11/3/2010
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