Q: My boyfriend has a possession of Marijuana with the intent to distribute charge from over 10 years ago. Can it be expun
Can it be expunged? He is a college graduate with only six credits left to get his degree. He has been productive in society since he was charged. He took the charge after having a public defender who advised him to plea guilty to the crime because the friends who's car he was in were putting the drugs on him. He was not aware of his rights like he is now. The felony on his record had held him back from getting a good job and being able to provide for his son. As the story goes, he says the officers picked a lock on the glove compartment, he thinks in order to get to the drugs but that they weren't his drugs. He was just with some friends riding around. He was in his late teens/early adult hood when this occurred and he is now 30 and still paying the price for it. I've looked over state law and expungement procedures but I would like to know from an expert how the expungement works and what could be done. I know he regrets that day every day because it's the day that ruined his life
A: If he received a “probation before judgment” (pbj) then he can get it expunged. If he has the conviction then he can’t. Have a lawyer look the case up to confirm.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
