Legal Question in Appeals and Writs in California

Transportation and distribution of marijuana
In 2000 I was arrested for the possession of half a pound of marijuana. I recieved a felony on my record. My question: Is it possible to have this felony sealed, so jobs that I apply for do not find it on my background check? I have not been in any sort of trouble since the arrest, and that was my only time arrested?

Asked on 1/29/07, 7:49 pm

3 Answers from Attorneys

Carl Starrett Law Offices of Carl H. Starrett II

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Re: Transportation and distribution of marijuana

Depending on the circumstances of the crime and the sentence received, the conviction might be reduced to a misdemeanor or expunged entirely. However, California does not "seal" criminal records that have been expunged. The case file is still open to the public.

Expungement does NOT allow you to prevent the crime from being considered as a prior coviction if you commit a similiar subsequent offense. It also does not allow you to state on an employment application that you have not been convicted of a felony.

You can also request a pardon from the governor. A pardon is much broader, but also hard to achieve.

Answered on 1/29/07, 8:21 pm

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Terry A. Nelson Nelson & Lawless

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Re: Transportation and distribution of marijuana

You may be able to seek 'expungement' of the conviction through proper motions and pleadings with the court, IF you were not sentenced to prison time, and if you have successfully completed all terms of probation. Feel free to contact me if interested in pursuing this.

Answered on 1/29/07, 8:22 pm

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