Drug and marijuana charges are very common when it comes to expungement. Drug related arrests are often very high in the category of criminal conduct. As far as drug related convictions are concerned, there are three different types of convictions. If a person is caught possessing drugs, if the person is doing sale or distribution, and if the person is a youth offender.
Expungement is quite easy in these cases are they are non-violent in nature. Hiring an attorney to help you in this process is not a must but if you are confused or need help, it is recommended to hire one.
Possession of marijuana or other drugs
If you are found possessing less than 50 g of drugs and this is your first arrest, the court will often order a diversionary program such as a conditional discharge. This program when completed, along with the probation period will lead to automatic dismissal of the charge.
The record will however be there and in order to file for expungement, you need to wait for 6 months after the probation is over. If you are not ordered a diversionary program, then you will have to wait for 5 years before applying for expungement.
In case you are found possessing other drugs, the act is often considered as felony and you will be charged with a degree 3 or a degree 4 crime. In the case of first arrest, pretrial intervention is often ordered as a diversionary program.
Selling of drugs
There are different laws for different states. But in most of the states, you can apply for expungement if you were arrested against a distribution charge for marijuana that was 25 grams or less or hashish that was 5 grams or less.
Youth offenders, that is people who are under the age of 21 can apply for expungement after completing 1 year of sentence. However, it is important that there should not be any other criminal case that is running against that person.
In most states, there is no law for selling and distribution of drugs except for when the distribution charges are for marijuana that was 25 grams or less or hashish that was 5 grams or less. In other cases, the person can’t apply for expungement after 1 year of sentence completion; he/she will have to wait for 5 to 10 years.