Legal Question in Criminal Law in California

Possession of marijuana paraphernalia

My friend was charged with 13A-3 CO I. Which is a possession of marajuana paraphernalia charge. How long will this be on his record? Is there anyway to get it off his record? Since it is an infraction verses a misdemeaner, would they need to report it on job applications?


Asked on 9/18/07, 9:10 pm

1 Answer from Attorneys

Terry A. Nelson Nelson & Lawless

Re: Possession of marijuana paraphernalia

Records are forever, that what 'record' means. I don't know where people get the strange idea the convictions somehow magically 'disappear' over time. Some convictions can be expunged by motions to the court, but there is still a 'record' of what happened. There are real consequences to your actions and conduct in life, unlike TV fiction.

If this is actually charged and pled to as an infraction, then it is probably not something that would have to be disclosed on private sector employment applications, which are supposed to be limited to asking about 'felony convictions'. Government job applications, professional license applications, childcare and teaching credential applications, security clearances, etc, all require full disclosure of such charges, whether expunged or not, whether infraction, misdemeanor or felony. Lying wouldn't help, because a background check will show the conviction, and you'd be guilty of perjury.

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Answered on 9/19/07, 2:20 pm


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