How can I expunge a simple possession of marijuana charge? 40 Answers as of July 11, 2013

How would I go about getting a simple possession of marijuana expunged from my record?

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Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
Each county has a different procedure and it can be done with or without an attorney. Sometimes you are entitled to an expungement; sometimes it is discretionary with the judge. If you completed probation successfully you are entitled to one for a misdemeanor drug offense. An attorney could help too. He or she would likely seek the route of a formal motion before the court which also could be done much sooner than the administrative way. Costs vary with attorney to attorney. In such things where the lawyer makes a difference you get what you pay for. After you obtain an expungement there is a further procedure that an attorney can tell you about.
Answer Applies to: California
Replied: 10/31/2011
Cornish, Crowley, Rockafellow, & Sartz, PLLC
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
The answer depends on the applicable laws of your particular state. Every state has different laws to expunge past criminal convictions.
Answer Applies to: Michigan
Replied: 6/23/2011
Law Office of Richard Williams
Law Office of Richard Williams | Richard Williams
There is no expungement law in the State of Alabama. There has been pending for some time an expungement bill in the Alabama Legislature but is yet to be passed.
Answer Applies to: Alabama
Replied: 6/23/2011
Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
You can make an application to the court to try to expunge it. you should hire an attorney.
Answer Applies to: New York
Replied: 6/23/2011
Pontrello Law
Pontrello Law | William Pontrello
Fluidal clerk of courts have the forms for self help.
Answer Applies to: Florida
Replied: 6/22/2011
    Law Office of Jonathan T. Sarre
    Law Office of Jonathan T. Sarre | Jonathan T. Sarre
    In Oregon, where I practice, three years after receiving the conviction, you can apply to have it expunged assuming you have no other convictions in the ten years before and since the pot charge. You will need to provide the DA with a set of your fingerprints (which they send to the state police) and $80.00. You will also need to file a written motion with the court that includes an affidavit stating that you believe that this conviction is eligible to be expunged. You will also need to pay a filing fee. After running a background check, the DA will determine if you can have the conviction expunged by law and whether they object to the expungement. If the state doesn't object, the court generally signs an order sealing your conviction.
    Answer Applies to: Oregon
    Replied: 6/22/2011
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    In Michigan, if 5 years has gone by since conviction, if you have NO other convictions for anything and if the judge approves you can petition the court and get the conviction expunged.
    Answer Applies to: Michigan
    Replied: 6/22/2011
    Attorney at Law
    Attorney at Law | Steven C. Bullock
    There is an established procedure and requirements for an expungement. It is best to consult a local attorney to accomplish an expungement.
    Answer Applies to: Michigan
    Replied: 6/22/2011
    Lawrence Lewis
    Lawrence Lewis | Lawrence Lewis, PC
    Convictions will not be expunged. If it just an arrest, you need to hire an attorney, because it is a complex civil action. See my website for further suggestions.
    Answer Applies to: Georgia
    Replied: 6/22/2011
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    After 5 years, on a state charge (not federal), if this is the only criminal conviction, in Michigan you can file a petition to have the matter expunged. It is best to hire an attorney to follow the procedures. I hope that this was helpful.
    Answer Applies to: Michigan
    Replied: 6/22/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    What state do you live in?
    Answer Applies to: Washington
    Replied: 7/11/2013
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    New York State does not have an expungement statute. Any conviction you have will be on your record forever unless it is vacated by a 440.10 motion made by an attorney. That requires that the conviction was illegal, unfair, or there is new evidence or some good reason to overturn the conviction. You should have retained a good lawyer to get the case dismissed. Public defenders are free but you pay for it in the long run if you get a conviction that prevents you from getting a good job or career.
    Answer Applies to: New York
    Replied: 6/22/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    The same way as any other conviction. Many convictions can be 'expunged' from criminal records by proper application and Petition to the court, but only if there was no felony prison time sentenced whether served or not, and if it was not for certain listed Sexual and Domestic Violence crimes, and if all terms of sentencing and at least one year of probation are completed, and if there are no new charges pending. Sounds like yours fits the qualifications. If successful, the conviction would be retroactively withdrawn and the charges dismissed. Expungement does not clear, 'remove' or erase the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. When applying for a job in the private sector, you generally do not have to disclose a conviction if it was expunged. However, the conviction is still a 'prior' or 'strike' for purposes of repeat offense, and must be disclosed on any application for government and professional employment and licensing, bonding, security clearance, etc. The licensing agency and employer then can decide whether you are barred from licensing or employment because of the conviction. If youre serious about doing this, and you think you qualify under those rules, feel free to contact me for the legal help you'll need.
    Answer Applies to: California
    Replied: 6/22/2011
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    Each State has specific laws regarding expungements. You should consult with an experienced attorney to see if you meet the requirements of your state law.
    Answer Applies to: Kansas
    Replied: 6/22/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Fill out the on line form, serve it on the DA and appear in court. Assuming you qualify.
    Answer Applies to: California
    Replied: 6/22/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    There is no such thing as expunging a conviction under New York law.
    Answer Applies to: New York
    Replied: 6/22/2011
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    You need to make an application for a relief from disability. We can represent you in that.
    Answer Applies to: New York
    Replied: 6/21/2011
    Jules N. Fiani, Attorney at Law
    Jules N. Fiani, Attorney at Law | Jules Fiani
    It will be expunged either under Section 7411 or under the expungement process. Hire an experienced lawyer specializing in this area of the law....If you have further questions or would like representation feel free to call me.
    Answer Applies to: Michigan
    Replied: 6/21/2011
    Law Offices of Scott Tibbedeaux
    Law Offices of Scott Tibbedeaux | Scott Tibbedeaux
    California Penal Code 1203.4 allows for convictions cases to be reopened on the condition that the person's probation for the entire period has been fulfilled or there has been a discharge prior to the termination of the period of the probation. The person cannot be now serving a sentence for any offense.
    Answer Applies to: California
    Replied: 6/21/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    Yes and an attorney would be helpful with that.
    Answer Applies to: California
    Replied: 6/21/2011
    Law Office of Andrew Subin
    Law Office of Andrew Subin | Andrew Subin
    You have to wait three years from the day you finished probation.
    Answer Applies to: Washington
    Replied: 6/21/2011
    Frances R. Johnson
    Frances R. Johnson | Frances R. Johnson
    It can't be expunged in Colorado, and it depends upon the exact charge as whether it could be potentially sealed. You should call an attorney where you live who can provide you an accurate answer after asking you the relevant questions.
    Answer Applies to: Colorado
    Replied: 6/21/2011
    Law Offices of Karen Kilpatrick
    Law Offices of Karen Kilpatrick | Karen Kilpatrick
    What was the outcome of the case? Do you know if you are eligible to expunge or seal? You can visit my website to fill out a free eligibility evaluation to confirm. If you are eligible to expunge or seal, you have to obtain a Certificate of Eligibility, then petition the court.
    Answer Applies to: Florida
    Replied: 6/21/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    Simply put, if you are in Georgia, hire and consult with a Goergia criminal attorney who handles expungements. Good luck!
    Answer Applies to: Georgia
    Replied: 6/21/2011
    Fitzpatrick, Mariano, & Santos, PC
    Fitzpatrick, Mariano, & Santos, PC | Raymond J. Savoy
    The laws of each state differ. However, there is usually a minimum time you must wait (ex. 7 years after the offense), and you must request the expungement through the state.
    Answer Applies to: Connecticut
    Replied: 6/21/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    You would have to file a motion in the court where the conviction occurred and follow the requirements of the court rules and statute. It is within the discretion of the court whether or not to grant the motion.
    Answer Applies to: Michigan
    Replied: 6/21/2011
    The Law Office of Katherine Godin, Inc.
    The Law Office of Katherine Godin, Inc. | Katherine Godin, Esq.
    It depends on what state the conviction is in. In Rhode Island, as long as the marijuana possession conviction is your only conviction, you have to wait five (5) years AFTER you complete your sentence to expunge it from your record. For example, if you're sentenced to one (1) year probation on 6/11/10, then your probation would end on 6/11/11 and you'd have to wait until after 6/11/16 to expunge it from your record. If you got a "filing" as your sentence, you can move to seal that record after you have stayed out of trouble for one (1) year. So if you received the filing on 6/11/10, you could move to seal that record after 6/11/11.
    Answer Applies to: Rhode Island
    Replied: 6/21/2011
    Law Office of James A Schoenberger
    Law Office of James A Schoenberger | James A Schoenberger
    See http://www.courts.wa.gov/newsinfo/index.cfm?fa=newsinfo.displayContent&theFile=content/guideToCrimHistoryRecords for a guide to sealing and destroying court records, vacating convictions, and deleting criminal history records in Washington.
    Answer Applies to: Washington
    Replied: 6/21/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    If you were convicted of the charge, a statutory expungement in Minnesota would be extremely unlikely and would require a showing of manifest injustice.
    Answer Applies to: Minnesota
    Replied: 6/21/2011
    Lacy Fields, Attorney at Law, LLC
    Lacy Fields, Attorney at Law, LLC | Lacy Fields
    In Missouri, you can't unless either the judge or the prosecutor dropped all charges and dismissed the case. If you plead guilty to the weed charge or to any amended charges based on the weed arrest, you cannot get it expunged.
    Answer Applies to: Missouri
    Replied: 6/21/2011
    Law Office of Tracey S. Sang
    Law Office of Tracey S. Sang | Tracey Sang
    You call me! Or you can do it yourself, but I wouldn't recommend it. If you have successfully completed probation the court should have no problem granting the motion. There is a packet in the clerk's office that you can fill out yourself and file with the court. But obviously having an attorney do it is much better and safer.
    Answer Applies to: California
    Replied: 6/21/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    As long as you have successfully completed probation, and am not currently on any other probation, and have no pending charge(s) against you. If you never had probation, then you must wait 1 year before your are eligible. Contact an attorney to file the petition for you and conduct the expungement hearing.
    Answer Applies to: California
    Replied: 6/21/2011
    Law Offices of Elliott Zarabi
    Law Offices of Elliott Zarabi | Elliott Zarabi
    Where are you located? In California you would have to petition the court, but I only know how it is done in California. Please feel free to contact me regarding this if you have any questions.
    Answer Applies to: California
    Replied: 6/21/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    After 5 years and assuming your only conviction of any crime ever, it can be done.
    Answer Applies to: Michigan
    Replied: 6/21/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    You can hire an attorney that is experienced in handling expungements to represent you. Or you can google about how to expunge your record or set aside a criminal conviction.
    Answer Applies to: Michigan
    Replied: 6/21/2011
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    In Texas, the only way a felony case qualifies for expunction is if it is dismissed and not indicted; dismissed and indicted but the indictment was obtained on incorrect (but not illegally obtained) information; or if you are found not guilty after a trial - whether by jury or judge. Also, you cannot have a felony conviction within 5 years of the charge. (If it is a misdemeanor, then it takes only a dismissal or a not guilty.) If you received a deferred adjudication probation, then it may qualify for nondisclosure. This is available immediately for misdemeanors but one must wait 5 years after completing the probation on felonies.
    Answer Applies to: Texas
    Replied: 6/21/2011
    Rothstein Law PLLC
    Rothstein Law PLLC | Eric Rothstein
    NY does not have expungement. Is the case still open? The best you can hope for is dismissal and sealing. do you have a good criminal defense attorney? Feel free to check out my web site and contact me if you wish to retain counsel; I am a former federal and State prosecutor and now handle criminal defense.
    Answer Applies to: New York
    Replied: 6/21/2011
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