What will happen as a result of marijuana possession? 53 Answers as of October 04, 2011
I got pulled over last night and was issued a ticket for possession of a small amount of marijuana. I am also applying and interviewing for jobs right now and am wondering if the ticket will come up on a background check immediately or not until the ticket is paid at its due date?Free Case Evaluation by a Local Lawyer!
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Free Case Evaluation by a Local Lawyer: Click hereLaw Office of Ronald Aronds, LLC | Ronald Aronds
This is not a "ticket" it is a criminal charge that carries penalties including up to six months in the County Jail and over $1,000.00 in fines as well as six months to two years loss of your drivier's license. You need to talk with a lawyer before you do anything else on this matter.
Answer Applies to: New Jersey
Replied: 10/4/2011
Law Office of Tracey S. Sang | Tracey Sang
Tickets and infractions do not show up on your criminal record.
Answer Applies to: California
Replied: 10/4/2011
Law Office of Richard Southard | Richard C Southard
The key question is whether you were fingerprinted. If you weren't and just got a summons, then its doubtful it will show. An experienced defense attorney might be able to get this charge dismissed.
Answer Applies to: New York
Replied: 10/3/2011
Law Office of Richard Williams | Richard Williams
There is now a record of an arrest. If convicted, there will be a record of conviction. The biggest problem with possession of marihuana (misdemeanor) is that it carries an automatic mandatory six (6) month suspension of your driving privilege. That might be tough to explain to your new boss especially, if you have to travel.
Answer Applies to: Alabama
Replied: 10/3/2011
Burdon and Merlitti | Adam Van Ho
In Ohio, unless you were cited under a municipal ordinance, the maximum fine for possession of marijuana is $150. However, it does carry with it a mandatory six month suspension of your driver's license. As such, it is important to review all of your options before pleading guilty. As far as the ticket appearing on your record, if the employer checks the clerk of court's dockets (usually available on a website), the ticket will appear on the docket.
Answer Applies to: Ohio
Replied: 9/30/2011
Keyser Law Firm | Christopher W. Keyser
This offense will be on your record. However, you will most likely be charged with a petty misdemeanor which is technically not a criminal offense. Due to the sensitivity of a marijuana charge, even if it is only a petty misdemeanor, I recommend striving for a resolution whereby you plead to something other than your current charge.
Answer Applies to: Minnesota
Replied: 9/30/2011
Michael Breczinski | Michael Breczinski
Do not just pay the ticket, get an attorney and fight it. If you just pay the ticket there can be consequences to this. Many employers will fire you or not ever employ you. You will be barred from many professions and if you want to go to college you will be barred from many scholarships and student loans. There are ways, if you have no other drug conviction of getting it so you are in a program and upon successful completion have no conviction. You need an attorney.
Answer Applies to: Michigan
Replied: 9/29/2011
Andersen Law PLLC | Craig Andersen
For one thing, the charge against you is a misdemeanor. It will not show up on your record unless you are convicted. If you can't get the charge dismissed or diverted. The mandatory minimum penalty for this crime is one day in jail with no exceptions and no excuses. If you have any interest in a future as far as college is concerned, a marijuana conviction will disqualify you from receiving financial aid. There are also many jobs that do drug testing. I strongly suggest that you get a drug evaluation to see if you are addicted. It would also be wise to have treatment tomorrow. With a good lawyer and a little effort on your part, you might just get by with diversion or some other procedure that will keep this off your record. Otherwise, it will be five (5) years before you can get the conviction expunged.
Answer Applies to: Washington
Replied: 9/29/2011
Law Office of Phillip Weiser | Phillip L. Weiser
The pending charge will not be shown in a record check until there is a resolution of the charge.
Answer Applies to: Kansas
Replied: 9/29/2011
Shane Law Office | Robert J. Shane
My advice is to not pay the ticket and schedule the case for a court appearance. Payment of the ticket constitutes a plea of guilty. Your attorney may be able to negotiate a dismissal of the charge without a conviction. This way you will be protected against an employer's background check.
Answer Applies to: Minnesota
Replied: 9/29/2011
Law Office of Daniel K Martin | Daniel K Martin
Less than an ounce of marijuana in California is an infraction. All you have to do is pay $100 fine. You do not have to report it on a job application.
Answer Applies to: California
Replied: 9/29/2011
Jacob P. Sartz IV., Attorney at Law | Jacob Sartz
I'd recommend consulting with an attorney. If you cannot afford to retain an attorney, the court may appoint you one at the public's expense if one is available and if you meet the eligibility requirements. I would never recommend pleading guilty or just "paying the ticket" to any criminal offense unless you understand the possible consequences for a conviction or admission of responsibility for a civil infraction. If you need specific legal advice, please privately consult with an attorney. Speaking generally, anyone charged with an offense is presumed innocent until proven guilty. The prosecutor must prove any such allegations beyond a reasonable doubt. While some local cities and counties have decriminalized possession of small marijuana to a certain extent, possession of marijuana is still a misdemeanor charge, generally, in Michigan. If it's a misdemeanor, the person charged will need to turn themselves in and be arraigned within the time period noted on the ticket. If an employer runs a background check, and if a person is charged with a misdemeanor, it may show that charges are still pending. I'd strongly recommend you retain an attorney prior to making any decision about this issue.
Answer Applies to: Michigan
Replied: 9/29/2011
Dichter Law Office, PLLC | Jonathan Dichter
It may already be showing up on background checks. It is not a "ticket" to be paid. It is a misdemeanor criminal charge carrying mandatory jail time and fines. You should contact an attorney immediately for help.
Answer Applies to: Washington
Replied: 9/29/2011
Law Office of Eric Sterkenburg | Eric Sterkenburg
The ticket will not come up until you are convicted either by paying the ticket (admission) or by a finding of guilt in court. In California this is an infraction and most jobs are only concerned about felonies or misdemeanors.
Answer Applies to: California
Replied: 9/29/2011
The Law Office of Cindy Barton | Cindy Barton
The arrest may come up in a background check now, but it isn't a conviction until you plead guilty or are found guilty in a trial. Possession of MJ is a Class B misdemeanor,you can spend up to six months in jail and pay a fine up to $2500.That is not usually how far a judge goes on your first ticket.Usually a fine and some jail suspended and a requirement that you do a drug assessment and complete counseling. A conviction can also limit you ability to obtain federal student loans. If you could work out a deal with the prosecutor that would not have this on your record that would be best.
Answer Applies to: Utah
Replied: 9/29/2011
Gonzalez Law Associates P.C. | Carlos Gonzalez
If it's a summons just for minor marijuana possession, 221.05 and you've never had a drug charge before you will legally be entitled to a one year ACD which will mean that after one year the case will be automatically dismissed and sealed, so long as you're not arrested during that time.
Answer Applies to: New York
Replied: 9/29/2011
Brucar & Yetter, P.C. | Wayne Brucar
It is possible the arrest may come up on a background check. It certainly will if you pay the ticket. You may want to consult a lawyer because there are various options for keeping it off your record entirely they can explain to you.
Answer Applies to: Illinois
Replied: 9/29/2011
Klisz Law Office, PLLC | Timothy J. Klisz
You can't pay a possession ticket. It's a 93 day misdemeanor that requires a plea. There will be an arrest record, but not a conviction at this time.
Answer Applies to: Michigan
Replied: 9/29/2011
Law Office of Joe Dane | Joe Dane
Possession of less than an ounce is an infraction with a maximum possible penalty if a $100 fine. Until you're convicted by a plea or after trial, you do not have a "conviction" that must be disclosed to most private employers. There may be things your lawyer can do to help you avoid a conviction at all. There may be legal defenses, a diversion option or alternative disposition that can be worked out to avoid ever having this turn into a conviction. Will it show up now? That depends on what records they check and how efficient the police are in filigree the case. By law, an employer cannot ask about or consider an arrest that did not lead to a conviction, but they can ask about pending charges. If yours has not been filed with the court yet, technically it's not "pending". This is just an overview, but for a specific analysis of your situation, you are going to need to sit down face to face with a local criminal defense attorney to discuss the details. Every case is fact-specific, so a more detailed analysis may change the answer. Don't rely on what I wrote without verifying after a consultation to discuss the details.
Answer Applies to: California
Replied: 9/29/2011
Law Office of Peter F. Goldscheider | Peter Goldscheider
Possession of less than an ounce of marijauna is now an infraction so it does not have to be declared in job applications. It is unclear if it will appear on your automated state criminal history or DMV record. It will be contained in the court file at the very least however so there is no guarantee it will not be discovered in a background check.
Answer Applies to: California
Replied: 9/29/2011
Wiegandt& Doubles | Malcolm Doubles
If you are convicted, you face the possibility of a fine and loss of your license. In some circumstances and jurisdictions, you even face a jail sentence.
Answer Applies to: Virginia
Replied: 9/29/2011
Craig W. Elhart, P.C. | Craig Elhart
First, if you were charged with possession, it may be possible to plea bargain the charge to use and seek 7411 treatment. If the arrest is placed on the law enforcement network, it could show up on a back ground check.
Answer Applies to: Michigan
Replied: 9/29/2011
Theresa Hofmeister, Attorney At Law | Theresa Hofmeister
Was the amount less than an ounce? Often the charge (if a misdemeanor) can be dropped to an infraction (not in the category of "crimes"). It may be already only an infraction /ticket. Arrests can show up, but does not sound as if you were arrested. If the citation was only an infraction to begin with, this should not cause any employment issues. Consult a criminal defense attorney in your area.
Answer Applies to: California
Replied: 9/29/2011
Anderson Law Office | Scott L. Anderson
The charge is immediate but there is no conviction until found guilty. You should seek representation and try to keep it off of your record. This type of offense, if convicted, could prevent you from getting certain jobs, restrict travel or limit chances of housing.
Answer Applies to: Minnesota
Replied: 9/29/2011
Austin Legal Services, PLC | Jared Austin
Marijuana possession is a misdemeanor. Probation is the likely outcome especially if it is your first offense. You may be eligible for 7411 status which would keep the conviction off of your public record and would make it unlikely that it would show up on a background check.
Answer Applies to: Michigan
Replied: 9/29/2011
Law Office of Kathryn L. Hudson | Kathryn L. Hudson
The ticket may not show for a little while, but one thing to consider while you're looking for a job is that many employers require a drug test on hire. The amount of marijuana will most likely get you probation but you might ask if they'd do a "delayed prosecution" which means if you stay out of trouble for a year it will go away as if it never happened. I would retain an attorney to help you negotiate with the prosecutor.
Answer Applies to: Arkansas
Replied: 9/29/2011
Law Offices of Marshall Tauber | Marshall Tauber
Do not pay the ticket it will come back to haunt you. Hire a competent and experienced defense attorney and you may end up with no record of conviction at all. It WILL be worth ever penny of the fee you pay.
Answer Applies to: Michigan
Replied: 9/29/2011
Law Offices of John Carney | John Carney
You will get an ACD dismissal and have no criminal record if you have no prior criminal record. It will take 6 months before the case will be dismissed and until then it will appear as an open case on the record check. Retain myself or a good criminal attorney to make sure it is dismissed.
Answer Applies to: New York
Replied: 9/29/2011
The McDonnell Law Firm, PLLC | Patrick J. McDonnell
As long as you had less than 25 grams of marihuana, it is a violation (not a crime) punishable by a max fine of $100; a second violation within 3 years, a max $200 fine; and a third violation, a max penalty of $250 and/or 15 days in jail. It usually takes a few weeks for the court records to get entered into the NYSPIN system, so if your job interview is soon, its probably a safe bet that it won't show up yet.
Answer Applies to: New York
Replied: 9/29/2011
Law Office of Raymond J. Dague, PLLC | Raymond J. Dague
Ticket paid?! Don't pay the ticket, since that means that you are pleading guilty. If you have an otherwise clean record, why sully it with a guilty plea to a drug charge, even if it is just a marijuana violation. Get a lawyer and try to have the charges thrown out. At least in my town (Syracuse, New York) you can often get this sort of thing dismissed by a lawyer who knows what he is doing and with some good legal work.
Answer Applies to: New York
Replied: 9/29/2011
Cynthia Henley, Lawyer | Cynthia Henley
You need to hire a lawyer to try to keep this off your record. If you are a first offender, then it is possible that you can work out the case so that it can be dismissed in the future and later expunged. A ticket will not likely come up at this point in time but soon I believe that all records - including municipal and justice of the peace - will be easily accessed.
Answer Applies to: Texas
Replied: 9/29/2011
Betts Legal Services | Shawn M. Betts
A very thorough background check may bring it up as a charge. If you pay the ticket it will show up as a conviction. If the charge is a petty misdemeanor, technically in Minnesota it is not a criminal conviction, but it may still come up on a check. Your best bet is to go to court and try to get a disposition that will keep it off your record.
Answer Applies to: Minnesota
Replied: 9/29/2011
Freeborn Law Offices, P.S. | Steve Freeborn
You say "ticket". I am not sure what you mean by that. I practice in Washington. Possession of marijuana is a criminal offense, which carries with it the possibility of jail time and fines. If you are convicted, it could have an impact on employment.
Answer Applies to: Washington
Replied: 9/29/2011
Law Office of Jared Altman | Jared Altman
It might never show up. It's a petty offense and often it's dismissed if you stay clean for six months.
Answer Applies to: New York
Replied: 9/29/2011
Beaulier Law Office | Maury Beaulier
Possession of even a small amount of marijuana can have long lasting implications if you are convicted. First, it is a misdemeanor punishable by up to 90 days in jail and a $1000 fine. Second, and, perhaps more significantly, a conviction can prevent you from finding employment or even renting a residence where background checks are performed. As a result, hiring aggressive legal counsel now would likely pay dividends with regard to your long term future. Often a criminal conviction can be avoided with diversion programs or Stays of Prosecution.
Answer Applies to: Minnesota
Replied: 9/29/2011
Law Office of Jeff Yeh | Jeff Yeh
You have not been convicted yet, so no conviction will show up. However, if you don't do something about it, it will show up eventually. You also could lose your license for up to 1 year. You should contact an attorney, who may be able to negotiate with the Judge/prosecutor so that the charge is reduced or dismissed. Sometimes this involves you taking a class.
Answer Applies to: California
Replied: 9/29/2011
Timothy J. Thill P.C. | Timothy J. Thill
It sounds like this offense has been written as a petty offense. If you were not fingerprinted and arrested formally and had a mug shot taken of you, this is not an offense which shows up in your backgorund. However, if you were formally arrested, shoot for supervision or drug school, which will not result in a conviction being entered on your permanent record. It would be advisable to consult with an attorney in the jurisdiction where this arose, for a definitive answer as to the law applicable in your state/city on this charge.
Answer Applies to: Illinois
Replied: 9/29/2011
Palumbo and Kosofsky | Michael Palumbo
Pay the ticket? That will give you a permanent record. Rather, call our office to represent you and we can try to have the case dismissed.
Answer Applies to: New York
Replied: 9/29/2011
Swann-Zwiebel Law Firm, LLC | Elizabeth Swann
It depends on what court you go to for the ticket. For instance, in Jefferson County and some surrounding counties there are drug court deferred programs. In these programs you will be required to drug test and attend hearings periodically. If successful in completing the program, your charges will be dismissed. If you under the age of 21 at the time of the incident you can apply for youthful offender status and your record will be sealed to any prospective employers. There are many options for possession of marijuana - especially if for personal use.
Answer Applies to: Alabama
Replied: 9/29/2011
Levine & McHenry LLC | Matthew McHenry
Assuming the amount was less than an ounce and you were not cited in a school zone, this charge is a violation (i.e., not a crime) in Oregon. At most, you're looking at a hefty fine. Depending on what county this took place in, there may be a diversion program available to you that would lead to a dismissal of the charges. As for background checks, it depends on what your potential employers are looking for. If the company runs a background check looking for convictions, nothing will show up unless and until you are convicted (which won't happen until your first court date at the earliest). If the company is looking for outstanding criminal cases, it still would not show up because it is only a violation. If the potential employer is very thorough and looks for all pending and closed cases, including non-criminal violations, this would show up on a background check now.
Answer Applies to: Oregon
Replied: 9/29/2011
THE LAMPEL FIRM | ERIC LAMPEL
I got pulled over last night and was issued a ticket for possession of a small amount of marijuana. I am also applying and interviewing for jobs right now and am wondering if the ticket will come up on a background check immediately or not until the ticket is paid at its due date? It's a fix- it type infraction in California that's not a big deal, but, yes, unless you fight it and win it could come up on your record. If you can't afford a good lawyer, then go to court and see if the judge will offer you a dismissal in exchange for something (community service), otherwise set it for trial. Thank you
Answer Applies to: California
Replied: 9/29/2011
Law Office of Edward J. Blum | Edward J. Blum
In California, since the beginning of the 2011, possession of less than an ounce of marijuana is an infraction. You will have to pay a fine. It is not a misdemeanor and will, most probably, not come up on your record.
Answer Applies to: California
Replied: 9/29/2011
AyerHoffman, LLP | David C. Ayer
Possession of under one ounce of marijuana has been decriminalized in Massachusetts. First offense is usually a $150 fine and has no impact on your criminal record. It is only a civil offense. However, one should take care not to be caught with multiple rolled joints, plastic bags, scales, or anything else which may give rise to a charge of intent to distribute. Police are resorting to this charge where they can to make arrests and the Commonwealth is prosecuting on this type of evidence. They can and will charge for possession of used paraphernalia (looking for residue to support a possession charge) and it will be confiscated.
Answer Applies to: Massachusetts
Replied: 9/29/2011
Mark Thiessen, Attorney at Law | Mark Thiessen
Class B misdemeanor, punishable up to 180 days in jail and a $2k fine. A good attorney can get it dismissed or deferred adjudication probation.
Answer Applies to: Texas
Replied: 9/29/2011
Camp Law Firm | Kevin Camp
The answer is that it depends. NCIC reports have all arrests. Some background checks just have convictions. So it depends on what kind of report is done and what they are looking for.
Answer Applies to: Mississippi
Replied: 9/29/2011
Law Firm of Nicholas George | Nicholas George
If convicted, you will have 1 day of mandatory jail time. A background check will reveal this charge. You need a top attorney to have your charge amended to a different offense which would not upset a prospective employer.
Answer Applies to: Washington
Replied: 9/29/2011
Law Office of Charles J. Block | Charles J. Block
First, you do not get a ticket for possession of marijuana, you get a Summons or Summons/Complaint depending on the police department. Second, since it is not a motor vehicle ticket, it will most definitely show up on a background check. However, at this point it will only be reported as a pending charge, not a conviction. I would suggest you consult an attorney before you enter a plea as if convicted, you will not be able to expunge this charge from your record for 5-years after all fines are paid and probation is terminated.
Answer Applies to: New Jersey
Replied: 9/29/2011
John Segelbaum, P.S. | John Segelbaum
There is no such thing as just paying a marijuana ticket. It is a criminal charge with a mandatory jail sentence if convicted. You will have to go to court and plead not guilty. The filed charge will show up on a background check.
Answer Applies to: Washington
Replied: 9/29/2011
The Law Offices of Gabriel Dorman | Gabriel Dorman
In California, possession of less than an ounce of marijuana is punishable by a $100 fine. However, if you are under the age of 21, your driver's license will be suspended for 1 year if you are convicted of any alcohol and/or drug related offense. Also, a conviction will show up on your record and can potentially disqualify you from future employment opportunities. Finally, instead of just paying a fine, the chances of you getting the charges dismissed are great and therefore, worth trying. Don't just pay the fine. Call an experienced criminal defense attorney and get your case dismissed. Keep it off your record! I hope this answer was helpful. Good luck.
Answer Applies to: California
Replied: 9/29/2011
Lopez Law Firm | Jaime O. Lopez
Your criminal history report usually consists of two things: arrests and convictions. If you were not arrested, it will not likely appear unless there is a conviction.
Answer Applies to: Texas
Replied: 9/29/2011
Law Offices of Elliott Zarabi | Elliott Zarabi
You were probably cited with an infraction for this. I don't know the amount, but if under .25 grams, that is what you were most probably cited with. If you have a medical marijuana recommendation, you have a defense.
Answer Applies to: California
Replied: 9/29/2011
bark & karpf | peter bark
If you were issued a ticket and not fingerprinted, the arrest might not show up on a background check and if you are a first offender, you will probably be offered an ACD, which will result in a dismissal after one year.
Answer Applies to: New York
Replied: 9/29/2011
Todd Landgren, Professional Law Corp. | Todd Landgren
Not until its paid, however, I woould advse that you NOT have this on your record! It will prevent car compnies from renting to you, raise your insurance, and show up as a drug offense on your background checks! There are alternatives to having it on your record.
Answer Applies to: California
Replied: 9/29/2011


















































