is expungement possible?

[thrillhouse]

I live in the state of Virginia. I had previously been arrested for drunk in public and had the charge expunged from my record by doing community service and going to a class.

Recently I was in a National Park, federal jurisdiction. I was caught in possession of a small amount of marijuana and charged with possession of a controlled substance (marijuana). I was not arrested, only ticketed for $125. Is there anyway to go to federal court and get my record expunged?

P.S. I don't know if this helps my case or not but my friends and I were profiled, the forrest ranger admitted to putting us under survailance and my friend claims they watched him undress at the camp site.

 

[CdwJava]

It is my understanding that expungement is not available unless it was for a conviction of drug possession while under 21 or the courts found that there was no probable cause for the arrest.

You can hire an attorney and try to seek expungement if you were under 21 and the event is behind you for a specific number of years (I don't know the time frame).

As for your being "profiled", I cannot think what that might mean nor how it would help you. Unless he cited you ONLY because of your being in a protected class, the officers "profiling" would not be unlawful even if it could be proven.

-Carl

 

[nyhov11]

Possession

You probably will not be able to expunge, but sealing would be the next best thing.

 

[CdwJava]

You probably will not be able to expunge, but sealing would be the next best thing.

This option is not available in all states and not for all circumstances. And I don't believe it is available for federal offenses in any event.

- Carl

 

[thrillhouse]

we shall see

My court date is coming up soon. I'll see how it goes, my lawyer is about as confident as Carl but I'm going to try and get probation for a year with expungement or a seal afterwards. He said it's the best I can hope for.

 

[Betty]

We don't know your age but it is difficult for an adult to get expungement in Va. who has been CONVICTED of a charge. However, sometimes add'l. options may be available - you'll have to see what happens re the charge when you go to court.
Va. expungement of police & court records: if a person has been charged with the commission of a crime and 1) is acquitted, 2) a nolle prosequi is taken or the charge is otherwise dismissed, including dismissal by accord and satisfaction pursuant to 19.2-151, or 3) is granted an absolute pardon for the commission of a crime for which he has been unjustly convicted
However, remember, your charge was a federal offense.

 

[thrillhouse]

I got one year of probaion with drug tests and expungement at the end. Not as bad as I thought it would be.

 

[thrillhouse]

I am in violation of probation for not having a job. I have gone to and passed all of my drug screen and attended all of my drug treatment classes, but having a job is part of federal probation and I don't have one. I have a meeting with my po monday morning. If he takes me to court over this violation, what is the worse case scenario? Jail or a fine?

 

[CdwJava]

If they revoke your probation, it generally means jail time and NOT a fine. But, the federal system might be easier .. thoguh I wouldn't count on it.

- Carl

 

[thrillhouse]

probation was not revoked, I got a job, but my P.o. said that if I messed up again that we were going in front of a judge which could mean anything from starting probation over to a year in prison.

Apparently once the case is dismissed there is still the record of the charge, so that if I get in trouble again I can't get first offender status. A friend who went through a year's probation and got his record "expunged" was told by an employer that he couldn't be hired because he had a drug charge, even though he has no convictions. I'm wondering if that is legal (the employer not hiring him) and what kind of future I face with expungement that leaves a charge on my record.

As before, any advice is greatly apppreciated.

 

[RedemptionMan]

probation was not revoked, I got a job, but my P.o. said that if I messed up again that we were going in front of a judge which could mean anything from starting probation over to a year in prison.

Apparently once the case is dismissed there is still the record of the charge, so that if I get in trouble again I can't get first offender status. A friend who went through a year's probation and got his record "expunged" was told by an employer that he couldn't be hired because he had a drug charge, even though he has no convictions. I'm wondering if that is legal (the employer not hiring him) and what kind of future I face with expungement that leaves a charge on my record.

As before, any advice is greatly apppreciated.

Yes they can use any charge/ conviction against you that shows up in your background and there is nothing really you can do. However, I am confused if it really was expunged (I am aware that state laws vary) then nothing including the charges should show up. If it was only sealed then yes it can still show up in background checks.

 

[thrillhouse]

Free

PROBATION IS OVER! I made it, got no conviction but no expungement, best I could have hoped for. This is probably the best day of my life. If you are reading this site and looking at all of the horror stories in the drug forum, just know there can be a light at the end of the tunnel if you are lucky and stay out of trouble. Thanks for everyone here, I hope to never need your advice again!

 

[las365]

Congratulations! Good work.