Legal Question in Criminal Law in California

clear record

I was arrested in 1972 for possesion of marijuana. At the time they said I could get that taken off my record at a later time. I now want to volunteer in my Grandaughter's classroom. I need to have a backround check in order to do that. I am now mortified that I have that in my past. What can I do? Thank-you for your time!


Asked on 9/22/06, 6:32 pm

4 Answers from Attorneys
OCEAN BEACH ASSOCIATES OCEAN BEACH ASSOCIATES

Re: clear record

Yes have it expunged. Call me directly at 16192223504.

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Answered on 9/23/06, 6:07 pm
Edward Hoffman Law Offices of Edward A. Hoffman

Re: clear record

Convictions are matters of public record, but arrests are not. You didn't say anything about having been convicted, so I presume you weren't. If I'm right, the background check should not reveal this incident. Even if it does, I doubt the school will care that you were arrested 34 years ago for such a minor offense.

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Answered on 9/22/06, 6:46 pm
Jay Leiderman Leiderman Devine LLP

Re: clear record

Marijuana possession is currently a misdemeanor. An arrest, if it resulted in a conviction, can be expunged. Simply contact the clerk of court in the county that you were convicted in. There is a form to fill out and a fee to pay. You do not need an attorney unless you find difficulty in this process after you have attempted it on your own.

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Answered on 9/22/06, 6:53 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: clear record

I can't believe 3 attorneys blew this one. Under CA law no adverse action against a person may be taken more than two years after an MJ conviction and the records must be destroyed if they were not already destroyed.. Go to www.leginfo.ca.gov and look up Cal. Health & Safety Code Sections 11361.5 and 11361.7. You should be OK.

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Answered on 9/22/06, 7:03 pm


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