Legal Question in Criminal Law in California

Marijuana Misdemeanor

I was pulled over for a traffic

violation, and was asked for my

license and registration. My license

was in the trunk, and while retrieving

my license the officer smelled

marijuana and asked if I had

anything illegal in the trunk, I was

honest and compliant and said, ''yes,

marijuana.'' He found more than 1

ounce and arrested me. Was let go

and ended up with a misdemeanor

charge later for more than an ounce.

I have received advise that I should

get my cannabis card (medical), what

is the best way to get this

misdemeanor off my record?


Asked on 7/30/08, 4:28 pm

3 Answers from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Marijuana Misdemeanor

You mean the case is over, you lost, and now you are seeking legal advice??!? You need to go to YouTube and watch Busted: A Citizens Guide To Surviving A Police Encounter.

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Answered on 7/30/08, 5:19 pm
Terry A. Nelson Nelson & Lawless

Re: Marijuana Misdemeanor

After you complete at least one year of your probation, contact me to discuss expunging the record through a motion and petition to the court. If it succeeds, you will be able to say 'no' to conviction on most employment applications, etc.

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Answered on 7/30/08, 7:19 pm
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: Marijuana Misdemeanor

If you have already been convicted, there is a law which mandates destruction of all records relating to most marijuana convictions in California after about two years. I would also petition the court for what is known as "expungement" approximately 1 year into your probation. This will allow you not to reveal your conviction on job applications.

Yes, if you are planning to use marijuana and drive, you absolutely should get a doctor's recommendation. In contrast to any county marijuana patient I.D. cards, recommendations do not make it to any data base and remain confidential. If you need a referral to a doctor, give me a call. I specialize in medical marijuana cases and can point you to resources which you might find helpful.

Very best,

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 7/30/08, 9:34 pm


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