I got a ticket for .5 of a gram (yes a half a gram) of marijuana in the spring of 2003. I just applied for a job at a law firm, and they're going to do a background check. I said on the application that I had had no misdemeanor convictions in the last 5 years. Are they going to see that ticket? I paid all fines immediately. This is in California.How long does is take for a ticket for marijuana possession to clear my record?
First, possession of less than an ounce of marijuana is a misdemeanor punishable only by a fine. It cannot be a felony.
Second, you should have had representation, because an attorney would have been able to counsel you on ways to avoid the conviction, because the collateral consequences are worse than the fine. It is too late for that now, however.
Third, you can, and should, have this ';expunged,'; which does not really take it off your record, but does allow you to tell private employers that you have not been convicted. This site will tell you how (you don't need a lawyer for this).
http://www.courtinfo.ca.gov/selfhelp/oth鈥?/a>
Fourth, you are not going to be able to get this done before your employer potential employer makes a check, and they are probably going to be more concerned about misrepresentation than about a marijuana ticket. I'd write a letter correcting the mistake, and telling them that you forgot that even though it is punishable by only a fine, a violation of H%26amp;S 11357(b) is a misdemeanor (which is probably true, isn't it?).How long does is take for a ticket for marijuana possession to clear my record?
Marijuana would fall under a criminal charge, even if it's a misdemeanor. I suggest you run your own record and if it shows up, hire an attorney to expungment your record. Meaning they'll wipe your records clean.
Did you receive a deferred judgment? If so, there's a possibility it wouldn't come up during a generic employment background check. Also, you can't be accused of lying because a deferred judgment is not a conviction. I was charged with a class 2 misdemeanor and received a deferred judgment, and it wasn't revealed during a employment background check. Of course, it might have been different if I was applying for a Homeland Security job or something like that. Or it could be different in California. I'm not really sure.
Also, another way of know is if they fingerprinted you. I'm assuming since it was only a ticket they didn't. One police officer told me that if you are fingerprinted that is when you know its part of your criminal history, otherwise you should be in the clear.
Altogether, I assume it wont come up since it was only a ticket and it was several years ago, but that will depend on how thorough the search is.
It's on there forever if you got it after you turned 18. The only way to get it off of your record would be to hire a lawyer and have it expunged. You can do it on your own but it's a complex process.
If you are applying at a lawfirm, they are attorneys, all they have to do to find your ticket, is make a phone call. They will appreciate honesty more than trying to conceal it.
When I applied for law school, the schools asked for all things including speeding tickets. They didn't care if we got one, they just wanted to make sure we were honest about it.
EDIT: I would call them and explain the mistake. Just say that you were hurrying through the application, and thought your ticket was a ';violation,'; not a misdemeanor because you just paid the fines.
It was a misdemeanor right? If it was only a violation, then technically you didn't lie.
In CA it is a misdemeanor. I just checked, but sometimes if you take diversion and pay the fines immediately, they dismiss it. Did they dismiss it?
If It Is Or Is Not Cleared From Your Record You Should Have Not Lied. Now Just Hope That It Is Cleared. Sorry Man If Your Really Good At What You Do That Should Also Be On Your Record.
What are the penalties for possession of marijuana?
Possession of marijuana can be treated as either a Class A misdemeanor or as a Class C felony, depending on the person's prior criminal history and whether or not the marijuana appears to be for other than personal use. If a person already has a conviction for Marijuana, Second Degree (misdemeanor offense), then any further arrests for marijuana will be charged as Marijuana First Degree, a felony.
The misdemeanor can result in a maximum of one year in jail and a $2,000 fine. The Department of Public Safety also suspends the drivers' license of persons convicted of this offense for up to 90 days. The felony can result in a prison sentence of one year and a day to ten years and a maximum fine of $5,000.
Sentences including formal probation may also be used in misdemeanor marijuana cases. This can have important implications for a student who is looking for summer or permanent employment outside the Mobile area. Regular reporting to a probation officer and random drug screening, along with fees and costs, can make finding keeping a job difficult. Many job applications require applicants to report any arrests on their record; failure to disclose this information on an application can lead to further legal problems between the student and an employer.
This overview was designed to give students a realistic picture of the impact that drugs can have on their lives. No scare tactics were used; all of the information comes directly from the Alabama Code, case law, and courtroom experience. It is hoped that all USA students will have an enjoyable and rewarding college career that does not include illegal drugs.
I would say that it will be on there. It won't erase if you got the ticket after 18 years old
Honestly, you have a 50/50 chance of getting caught! Good Luck!
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