Legal Question in Criminal Law in New York

Marijuana Case/Getting it off my record?

When I was 20, I was given a summons to appear in court for ''possession of marihuana''. Since I received the summons while traveling, I mailed in a guilty plea, under the advisement of the officer who said that it would never show up on my record since it was a ''class B''. Mind you, I am not familiar with what any of that means. The Statute/Section was PL 221.05 and I was fined 100$ plus the 65$ surcharge when they accepted my guilty plea.

My question is this: When a background check is done on me, will this charge show up? I was not arrested so I am not sure how it works. Also, if it will show up, is there anything I can do now (almost 2 yrs later) to get it removed from my record. I have not had any more legal problems and do not want this matter interfering with my future career. Also...the officer was a real sleazeball. My friend and I considered filing a complaint but decided we didn't need any more legal entanglement...and being college students at the time, didn't want our parents to find out. Anyway...please let me know...want to get some certainty on this asap...

Thanks...


Asked on 4/18/05, 6:13 pm

1 Answer from Attorneys

Re: Marijuana Case/Getting it off my record?

I'm at home so I don't have my Penal Law in front of me but I think 221.05 is possession of marijuana as a violation, not a crime. If you were given a summons but not fingerprinted, it likely won't show up on a background check. However, the safest way to know is to so a check on yourself by contacting the Department of Criminal Justice Services and getting the background kit. You have to take some forms to a police station and get fingerprinted. If it does show up, you could hire a lawyer to make a motion to vacate the plea because had you gone to court you could have gotten a marijuna ACD (adjournment in contemplation of dismissal) and the case would have been adjourned for 1 year and then dismissed.

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Answered on 4/18/05, 7:58 pm


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