Legal Question in Criminal Law in California

Re: Drug possession midemeanor vs. conviction

If the citation was for a violation of 11357 (b) of the Health and Safety Code (possession of less than an ounce of MJ), and I'm assuming by your description of it that it was, AND if you took care of it in court (e.g., pled guilty and paid a fine), then you were convicted of a misdemeanor. HOWEVER, H&S Code sections 11361.5 and 11361.7 provide that the conviction only remains on your record for 2 years from the date of the conviction. After that it is totally wiped off your record and can't be used against you by anyone for any reason. Accordingly, you can answer "NO" to the question if you don't have any other convictions on your record. Good luck.

Re: Drug possession midemeanor vs. conviction

I've read Steven M's reply and intend only to supplement it.

You can go to the court and pull your file. The minute order will reflect your conviction and the code sections you plead to. You can go to the California Legislature's web site and pull down the statute (code section(s)), and cut and paste, or print it, so that you can read it.

If your conviction(s) was/were for other sections. And not the ones that Steven mentioned. You can fill out a form at the court and petition to have your conviction(s) removed.

Lots of luck