Drug possession is a serious crime in California, and those who are caught with illegal substances often face life-changing consequences. Because a conviction could result in so much more than just jail time (think reputational damage, housing limitations, etc.), it's essential for anyone facing drug possession charges to explore all available options.
It may seem like all hope is lost after the verdict, but it's important to remember that, in some cases, it is possible to have the charges expunged.
However, the truth is that every case is different, so it is best to talk to our legal advocates for a comprehensive legal review. They can also explain how to expunge an evading arrest charge in CA. In the meantime, this article will provide an overview of how to expunge drug possession charges in California.
Understanding Drug Possession
According to California law, drug possession is knowingly and unlawfully holding controlled substances, such as cocaine, methamphetamine, or heroin.
It's important to note that drug possession charges are categorized differently depending on the quantity of the substance found and whether the offender had an intent to sell. In most cases, this crime is considered a misdemeanor, but it may result in felony charges if there are other factors involved, such as the sale of an illegal drug in a school zone.
A conviction can result in fines, probation, attendance at mandatory drug treatment programs, a prison sentence, or a combination of these penalties, depending on the nature of the offense.
What Is Expungement?
Expungement is essentially a legal process that allows eligible offenders to have a criminal conviction dismissed or cleared from their records. It is governed by the California Penal Code Section 1203.4. This allows the individual to legally say that they were not convicted of the crime.
Eligibility Requirements
For those who have a misdemeanor or felony conviction, this can be a crucial step in taking their lives back. However, it is important to note that in order to have a criminal record expunged, candidates must meet certain criteria, which include the following:
The offender must have met all court requirements, which may include time in a county jail, probation, and/or a fine.
He or she must have attended all court proceedings as indicated.
It's also critical to note that some offenders may not be eligible to have their drug possession charges dropped. They do not qualify if they:
Are currently facing charges for another crime,
Served time in a state prison, or
Are currently serving probation for a different offense.
Types of Drug-related Charges That Qualify for Expungement
The reality is that not all drug convictions are the same, and, as a result, not all of them are eligible for expungement. Only minor offenses, commonly referred to as "simple drug possession," will qualify.
First- or second-degree charges cannot be expunged, while third- or fourth-degree offenses can be. Every case is different, though, so those hoping to have their drug possession charges dropped will need to speak to a reliable attorney for sound legal advice.
Furthermore, in cases where a person was convicted of a marijuana-related drug crime before it was legalized, the California Department of Justice will likely seal their record of conviction.
Are Expunged Records Truly Concealed?
According to California law, expunged records are not fully concealed but are legally modified to clear the individual of their impact. This means that they may show up in certain instances.
When a criminal charge is expunged under Penal Code § 1203.4, the offender is essentially released from the negative consequences that come with the conviction. This allows them to regain their quality of life and access employment and housing opportunities.
However, it's important to understand that expunged records are not completely erased from a person's criminal record. They will still be visible to the court system, law enforcement, and some licensing boards.
These records may also have an effect on future sentencing if the person is involved in another crime. They also do not excuse individuals from having to register as sex offenders or allow them to regain their right to own a firearm.
Furthermore, federal and state agencies will also see these records when running background checks on candidates before allowing them to hold positions of leadership.
The Benefits of Having a Criminal Record Expunged
It's important for those with a past criminal conviction to understand that the effects of a drug possession charge are serious. In addition to jail time, fines, and other possible penalties, a crime of this nature could also affect the person's ability to get a decent job and prevent them from having access to certain housing opportunities.
By having their California criminal record expunged, convicts can pick up the pieces of their lives and move past the offense, as it frees them of most of the negative effects of a conviction.
It's important to remember that employers conduct background checks when hiring, and if they see a drug possession charge, they are highly unlikely to employ that individual. That's because narcotics impair a person's ability to concentrate, which may make them less likely to be a reliable employee.
Fortunately, having a record expunged is usually enough to free an offender from the negative consequences and allow him or her to gain access to opportunities that they wouldn't otherwise have.
Moreover, having drug possession charges cleared can ensure that the individual is not barred from obtaining a professional license, which can have a considerable effect on their career choices. Plus, being able to say that they were not convicted of a crime can prevent discrimination and reputational damage.
How to Expunge Drug Possession Charge in CA in Five Steps
The reality is that filing an expungement petition may seem complicated and confusing. However, it isn't as challenging as one might think, especially with the help of a reliable Sacramento expungement lawyer.
So, without further ado, here are the steps involved in seeking expungement for a felony or misdemeanor offense:
Step 1: Enlist the Help of an Experienced Criminal Defense Attorney
It is important to retain the services of a reliable lawyer. That's because a legal representative will provide expert guidance, helping offenders understand their options and take the best possible route. They will also assist with the paperwork and the filing of the petition to prevent errors and improve the chances of a successful outcome.
Step 2: Prepare the Necessary Documents
Once retained, the attorney will help the client prepare the appropriate documents. It's essential to note here that different forms may apply in various situations, but the legal representative will help to identify the correct one and ensure that it is completed without error.
Step 3: File the Expungement Petition
After the documents have been prepared, they must be filed with the court. Certain fees may apply here. Generally, it takes about five months to hear back, and in most cases, the petition may be submitted either electronically or in person.
Step 4: Attend the Hearing (If Applicable)
The court may request a hearing, especially if the petition is for a felony offense. Typically, the individual will be required to present evidence that the petition should be granted. This may include presenting proof of completed probation, evidence that no further crimes were committed, and that all court-ordered requirements have been met.
Step 5: Refile or Seal the Expungement
In the event that the petition is not granted, offenders have six months to refile and request a different verdict. There may be revisions that need to be made or additional evidence that will need to be presented.
However, if the court grants expungement, the individual's lawyer can seal the record so that it is not accessible to the public.
Why It's Important to Have Reliable Legal Representation When Applying for an Expungement
No one wants their life to be defined by their criminal record. By hiring a reliable and experienced attorney to handle their petition, offenders can effectively put the past behind them and move on. The truth is that the law is complex, and without adequate training and experience, it can be challenging to navigate.
A legal representative is a much-needed guide, ensuring that paperwork is completed correctly, court hearings are attended, and sufficient evidence is presented to secure a favorable outcome. They also provide strong representation in court and explain the options available to offenders and the limitations of expungement.
Working with a legal expert also alleviates the stress that often accompanies the filing of an expungement petition.
Exploring Legal Options for the Expungement of Drug Possession Charges in California
Drug possession charges are serious and can have lasting consequences for those convicted. Fortunately, there are options available to have them expunged. To begin the legal process of expungement, those who have been accused are encouraged to contact our law firm for reliable representation.
Our legal services are designed to help offenders clear their criminal record and have a second chance at life. At an initial consultation, we will offer guidance and direction to help offenders understand their legal options.
To learn more, those convicted of drug possession can contact Goss Law. Our lines are open 24/7!
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