Is it possible to get a felony drug conviction expunged

And even those who do carefully read the report, employers in many industries will reject a former drug offender. They may not realize the varying levels of a drug charge or may not consider how much time has elapsed since your conviction. Employers fear hiring someone who they think could be under the influence of drugs on the job.

But once the record is expunged, obtaining employment should be much easier. Having your drug offense record expunged could mean that the employer will never be able to see the arrest or court case. The specific benefits of an expungement will vary depending on what the state law provides.

Expungement laws are designed to make worthy people have an easier time entering back into society. If you are eligible for any type of record clearing relief for your drug charge, it is best to take that opportunity, even if it may seem unnecessary for you at the time.

The process for getting a drug charge removed from your record largely depends on where the offense occurred. State law dictates if and when you are eligible to have your record expunged, and, if you are eligible, state law also governs how the process for expungement works. To request an expungement, you will need to file an application or petition with the court.

Their office must receive notification of the expungement request because they are afforded the opportunity to respond with any opposition or objections. Once filed, the court will review the petition and any filed opposition and determine if you are eligible and deserving to have the charges expunged. The court may schedule a hearing to allow both sides to offer their arguments with regards to the expungement request.

Hiring an attorney can greatly improve your chances of successfully expunging a drug charge. An attorney will ensure the petition is filed properly and will also represent you at any hearings before a judge.

The chances can depend on the specific charge involved, the sentence, how long ago the case occurred, and the law of the state. Some states provide a pathway to expungement if you completed a drug diversion program or another type of pre-trial intervention program. The best way to determine if you can expunge is your drug case is to first see if you are eligible to apply under the statute by taking our eligibility test.

If you are statutorily eligible but remain concerned about your case, you can discuss the specifics of your charges with your attorney to see what type of evidence would be persuasive in the event the judge has discretion when deciding to grant or deny expungement of your drug charge s. There are number offenses related to controlled substances for which one can be charged. A few of these criminal offenses include being under the influence of a controlled substance, possession of drugs or drug paraphernalia, possession with the intent to sell or distribute a controlled substance, transportation of a controlled substance and cultivation of marijuana.

You may also apply online. This page location is:. Toggle navigation. Criminal Charges and Convictions. Sale, distribution, or possession with the intent to sell CDS in the first or second degree is not expungeable. Third or Fourth Degree. To evaluate character and conduct since the conviction, the court may consider just about anything that shows or does not show that you have rehabilitated from your conviction, including: Behavior and performance during incarceration, parole or probation; Family and community ties; Education, vocation, and volunteer work; Satisfaction of fines and other legal obligations; Distance from the criminal element physical, mental ; and Rehabilitation.

Sale, Distribution, or Possession with the Intent to Sell Small Amounts of Marijuana and Hashish Sale, distribution, or possession with intent to distribute less than an ounce of marijuana or less than five grams of hashish can be expunged.

Possession with Intent to Distribute Generally, possession of CDS with the intent to distribute —any degree—can be expunged. Conspiracy Convictions for conspiracy to possess, distribute, or sell CDS may also be eligible for expungement. Conclusion While this article is intended to provide you with general guidance, you should discuss your case with an attorney or trained specialist who will consider the facts of your case, the context of your entire criminal record history, and your satisfaction of the sentencing requirements.

Other LSNJ websites: www. The court will set a date for your hearing when your forms and petitions are filed. You may or may not be required to appear in court for your expungement hearing. Your attorney will assist you in preparing for your expungement hearing.

During the hearing, reasons to deny your expungement will be raised and you will want to be prepared to respond to any possible reason in order to defend your petition. Gather any evidence pertinent to your case and prepare a statement to deliver to the court. Provide copies of your statement and all documentation. Expungement hearing proceedings usually take about 10 minutes.

Be on time for your hearing and behave appropriately. During the hearing, the court will consider your eligibility for expungement based on the following:. You will receive a signed order from a California Superior Court Judge documenting the dismissal of your case and conviction.

Keep in mind that your record may still be accessed by the public after expungement unless you have the record sealed. If the judge denies your petition, you may ask why it was denied and what is needed in order to have your petition accepted.

Six months after your petition is denied and after you have made the necessary changes, you may refile your petition. If your petition was denied and you find that you are not eligible for expungement, you may find that you are eligible for one of the options detailed in the following section. If your case is not eligible for dismissal or you are seeking additional methods of clearing your record, you may be able to take advantage of the 3 additional options described below.

By sealing your records any police reports, arrest records, and other documents pertaining to your case will be destroyed. You may be able to have your records sealed if you were wrongly arrested but not convicted of a crime, you were arrested but criminal charges were never filed, your case was dismissed in court, you were acquitted by a jury.

If you are seeking to seal records from a juvenile court case you may be eligible to petition if the jurisdiction of the juvenile court has been terminated for at least 5 years, you have not been convicted of any crimes of moral turpitude as an adult, or there is no pending civil litigation. In order to have your records sealed you will need to receive a Certificate of Factual Innocence, Petitions for the sealing of records are usually contested and, if you are interested in pursuing this option, it is highly recommended that you do so with the assistance of an attorney.

A direct pardon relieves you from the penalties associated with your conviction including the restoration of certain rights. A certificate of rehabilitation may be granted 7 years after you are released from probation and parole compared to the 10 years you have to wait in order to apply for a direct pardon. A certificate of rehabilitation does not seal your records or erase a conviction from your record. A certificate of rehabilitation may be able to provide the following rights or benefits:.

If you are a sex offender, you may not need to register. You may be eligible for a certificate of rehabilitation if you meet the following criteria:. Because a certificate of rehabilitation leads to a direct pardon, a direct pardon will provide the same benefits as a certificate of rehabilitation after it is received.

A direct pardon is an option for those who are not eligible to file for a certificate of rehabilitation including those who no longer reside in California. A direct pardon is not equivalent to sealing or expunging your records. Applicants must wait 10 years after release from probation and parole before applying for a direct pardon. Table of Contents. Before you begin the legal process What is expungement?

What can expungement do for you?