Legal Question in Criminal Law in California

Marijuana Misdemeanor

6 months ago I was charged with possession of less than an ounce of marijuana, which is a misdemeanor.

This happened in California (Merced County to be exact).

I know that it will be off my record in 2 years, but I am currently going to school to be a medical assisstant and will be subject to a background check in 2 months.

So I would like to know if there's any possible way to get this charge off my record sooner than the 2 years.


Asked on 10/23/08, 5:22 pm

1 Answer from Attorneys

Brian McGinity McGinity Law Office

Re: Marijuana Misdemeanor

You haven't really given me enough facts to provide you with any kind of accurate evaluation.

First exactly what were you charged with? Were you represented by an attorney and if you were, was the attorney a Public defender?, a court appointed attorney? or a private attorney? Assuming you understood a background check would be run on you, did you explain to your attorney the situation? And if you did what did he/she tell you?

Finally is the backgroud check you are worried about the check which is conducted by the licensing board or the department of consumer affairs when you apply for your license? Or are you worried about a backgroud check from a future employer?

If the check you are worried about is regarding your license, it doesn't matter when they do the background it will appear on your record unless your a minor. However as long as you do not lie about what happened it should not prevent you from recurving your license. In fact I would suggest you document the incident so well and so complete that it is obvious your not hiding anything. If the background check your worried about is from some future employer it will depend on what you plead too and how the case was settled. Without the answers to my questions I would only be guessing.

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Answered on 10/23/08, 11:14 pm


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