Legal Question in Criminal Law in California

My son plead guilty last November to a citation charging him with possession of less than 1 oz of marijuana. This charge is now preventing him from joining the U.S. Army. Can we go back and fight this charge? The marijuana was found in the glovebox of my car. (I don't know who it belonged to).


Asked on 7/26/10, 4:06 pm

3 Answers from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

http:// www.youtube.com/watch?v=b0a6iWHSWbA

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Answered on 7/26/10, 7:47 pm
Anthony Roach Law Office of Anthony A. Roach

No, you cannot go back and fight the charge. Talk to your Army recruiter about obtaining a waiver.

Mr. Stone's video is funny. I forgot about that album.

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Answered on 7/26/10, 9:00 pm
Terry A. Nelson Nelson & Lawless

Fight? No, you ended the case with a plea. You might try expungement, but that may not be possible yet. Talk to your recruiter to see if you can obtain a waiver, or if expungement will allow you to join. Many felony and misdemeanor convictions [not infractions] can sometimes be 'expunged' by proper application and Petition to the court, but only if there was no prison time served or even sentenced, if it was not for certain sex and Domestic Violence crimes, if all terms of sentencing and probation [and at least one year of probation] are completed and finished, and if there are no new charges pending. If successful, the conviction would be retroactively withdrawn and the charges dismissed. That does not 'remove' the conviction, but merely changes the record to show 'conviction reversed and dismissed by expungement'. If expunged, you would be able to say 'no' to conviction on most private employment applications. However, the conviction is still a 'prior' for purposes of repeat offense, and must be disclosed on any application for government and professional licensing, bonding, security clearance, etc. With the military application pending, and documents to prove that, it 'might' be possible to get a judge to expunge earlier than normal. It might be worth a try. If you�re serious about doing so, and you think you qualify, feel free to contact me for the legal help you'll need.

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Answered on 7/27/10, 4:21 pm


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