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  1. #1
    Join Date
    Jun 2012
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    3

    Default Can You Expunge a Drug Felony

    My question involves criminal records for the state of: California

    I was released from prison in June of 2008 for marijuana cultivation. Since then I have been attending school and now I am one year away from graduation. I recently applied for a part time job at home depot and they told me I would be hired after a background check and drug test. I passed the drug test but was turned down because of the background check. I was pretty devastated because i do not know how i will ever get a job as a civil engineer with my background. I want to expunge my felony, but it seems this isn't possible because I've been to state prison. I've looked into a certificate of rehabilitation and a governor's pardon, but these options do not erase your record, which still leaves me open to employment discrimination. The conviction was my first ever and since then i have not gotten into any trouble, nor do i plan to. I am an honors student and will probably graduate cum laude. I'm worried about my future and would like any input on how i can fix this situation. Also, if i decide to go to law school would i be able to practice in California with a certificate of rehabilitation.

    - - - Updated - - -

    Well i guess im screwed forever. Seems like the only way to support yourself after youve been convicted of a crime is to commit more crimes.

  2. #2
    Join Date
    Sep 2005
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    Behind a Desk
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    Default Re: Can You Expunge a Drug Felony

    I guess you read something along the lines of this, then?

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    15,109

    Default Re: Can You Expunge a Drug Felony

    Quote Quoting Section8
    View Post
    Well i guess im screwed forever. Seems like the only way to support yourself after youve been convicted of a crime is to commit more crimes.
    Not true at all!

    Follow the link provided by Mr. Knowitall. It leads to a link for "Figuring out your options," and that will lead to the specific petitions you need to file in an attempt to get your record expunged (dropped to misdemeanors). The fact you have been to state prison does not change this possibility as I have stood up to support people who have changed their lives and been to state prison and have successfully gotten their records expunged. There are many people who have done this, and with your current school record and (presumably) a clean history since the time of your arrest, you may well be a good candidate.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

  4. #4
    Join Date
    Jun 2012
    Posts
    3

    Default Re: Can You Expunge a Drug Felony

    Thanks for the reply, I've talked to a lawyer and I've looked online and all the information has told me i can't get my record expunged because ive been to state a state prison. I will look more closely at the link provided and hopefully i can find out more information.

  5. #5
    Join Date
    Sep 2005
    Location
    California
    Posts
    15,109

    Default Re: Can You Expunge a Drug Felony

    I do not know the specific method, or if the rules have changed in the last year or two, but I know a number of people who have been to state prison and still managed to get things cleaned up. Prison may prevent you from proceeding to expungement per PC 1203.4 et seq., but it is still possible to remove at least some of the negative consequences of the prison time.

    Look into a certificate of rehabilitation:

    http://www.cdcr.ca.gov/BOPH/docs/apply_for_pardon.pdf

    (More info on those on page 2)

    - - - Updated - - -

    I just had contact with one of my friends who had his charges dropped and dismissed, and what he told me was that when he went to prison he "took and 'N' number" which indicated he was a narcotic offender and was a participant in a treatment program. When he got out of prison he continued the program and was eligible for dismissal when he cleared parole.

    He did not recall the specific name of the program, but was one of a number of people who has been able to take advantage of it. Your problem is that you were convicted of cultivation, not possession, and that is what likely makes you ineligible.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

  6. #6
    Join Date
    Jun 2012
    Posts
    3

    Default Re: Can You Expunge a Drug Felony

    is this in california?

  7. #7
    Join Date
    Sep 2005
    Location
    California
    Posts
    15,109

    Default Re: Can You Expunge a Drug Felony

    Quote Quoting Section8
    View Post
    is this in california?
    Yes, the OP is from CA. He has a felony cultivation conviction and served time in state prison as a result. This limits his available options for any form of relief to the effects of this conviction.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

  8. #8

    Default Re: Can You Expunge a Drug Felony

    I am presently attending college and studying International and Comparative Criminal Justice. If the good lord allows me to, i may graduate suma-cum-laude. I received my clemency about 5 years ago and my voting rights were restored but not weapons possession. Was informed to apply to the state for a concealed permit since my conviction was only drug related. It has been 26 years since the conviction and I would like to know what can I do to make my chances better in becoming an officer? I will go to what ever state gives me the opportunity to complete my reversal and continue to serve my nation. I was a military police officer in my youth. My conviction was in the state of Florida in 1986. I Never went to prison and received four years probation.

    Any assistance would be greatly received and I would like to help those coming behind me that have made mistakes also.

    Thank you kindly for your indulgence.

  9. #9
    Join Date
    Sep 2005
    Location
    California
    Posts
    15,109

    Default Re: Can You Expunge a Drug Felony

    It would be best for you to post this in its own thread. Posting in someone else's thread (aka 'necroposting') is frowned upon. You have a valid question and the best way to get it presented before the most readers would be to post it on a new thread.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

  10. #10

    Default Re: Can You Expunge a Drug Felony

    There's quite a process to go through but you can get a record like that expunged. I'm thinking there is a time frame here that your attorney isn't taking into account, which is why he said it can NEVER be done.

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