Legal Question in Criminal Law in California

Update to 'Marijuana Misdemeanor'

I was charged with possession of less than an ounce of marijuana for personal use. I was 18 at the time. I plead guilty and paid a $120 fine.

I was not represented by a lawyer.

I wanted to fight it because the marijuana was not even mine. It belonged to my ex-boyfriend's hoodlum friend that I stupidly gave a ride to. The cops came because we were parked at a hall eating and apparently we were tresspassing. The afformentioned friend had a warrant, which caused the cops to search my car and they found bits of marijuana in the back seat. Like I said, it was not mine. I don't do drugs, which I told to the cops, but since it was in my car it was my responsibility.

I didn't fight it because I had moved to Oregon and had to fly down for the court date and I knew that if I plead not guilty I'd be given another court date for which I'd have to fly back to California. Which was not doable for me.

However I am back in California and the background check I will be given is for employment, not licensing.

I suppose if I were given a chance to tell my story to the employer they may understand, but I'm afraid I may not get that chance. So I'm trying to find out what my options are.

Thank you for helping me.


Asked on 10/24/08, 12:45 pm

2 Answers from Attorneys
Brian McGinity McGinity Law Office

Re: Update to 'Marijuana Misdemeanor'

Hi I am the attorney who originally answered your question. Since you are worried about a background check for employment an expungement would probably be the best way for you to go. California Penal Code, Section 1203.4 provides that certain types of cases can be expunged from your record. It does not completely remove it from the record but for employment purposes it will not show up. If you had been worried about a licensing check then it will show up and it is just best to put it down and deal with it.

There is also a two year statue on convictions such as yours which provides that a record regarding such a conviction is essentially thrown out. If it has been two years. The other way to proceed is by using 1203.4 and that can be sought very quickly. How long it takes simply depends on the County you are in. Some courts are backed up. The expungement must be done in the County where the arrest occurred. You can do this yourself or have an attorney do it for you. The quickest way is to hire an attorney. If you do not know any attorneys in your area then call the local bar association and ask for a referral. Good luck.

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Answered on 10/24/08, 10:31 pm
Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: Update to 'Marijuana Misdemeanor'

I would "expunge" that conviction as soon as possible. Also, there is a law which says records of certain marijuana convictions, like yours, should be destroyed after two years. If the court did what they were supposed to do, the employer should have no access to that information.

Expungement would be a safety measure. Expungement allows you to say "no" when asked whether you were convicted on a job application.

Jacek W. Lentz, Esq.

310.273.1361

www.lentzlawfirm.com

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Answered on 10/24/08, 1:07 pm


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