Los Angeles Drug Crime Expungement Attorneys
Can a California drug conviction be expunged from your record? The answer depends on the facts and circumstances of the crime. The Los Angeles drug crime expungement attorneys at Takakjian & Sitkoff, LLP can help guide you through the process. In California, most drug crimes are classified as misdemeanors, and a misdemeanor conviction may be dismissed from a criminal record. However, possession with the intent to sell, and conducting transactions near a school or on school property constitutes a felony, to be served in State prison. As a general rule, those felonies cannot be expunged.
Possession is 9/10ths of the law, especially when it comes to the issue of dismissing a conviction from your record. If you were found to possess an amount only for your personal use, you should be charged with a misdemeanor. As you know, misdemeanors may be expunged by the Superior Court because they carry a sentence to be served in county jail, as opposed to state prison.
First Time Offenders
First offenders, as long as their drug possession was for their personal use, are eligible for a Deferment of Judgment (Proposition 36 or PC 1000). Under these programs, a defendant may be eligible to have their judgment deferred, and dismissed by attending and completing an authorized drug treatment program. This remedy is usually limited to first offenders or others who do not have a criminal record. As long as you complete the program and do not commit any other crimes, you will have a conviction removed from your record.
However, if you are charged with the crime of possession of a controlled substance with intent to sell, and there were aggravating factors, such as a sale taking place near or on school property, then you will be charged with a felony and sent to a state prison to serve your sentence. In those circumstances, you may not have the charged crime expunged from your record. You do have the option to apply for a Certificate of Rehabilitation and Pardon once you have served your sentence and/or probation, and have no criminal charges pending against you.
If applying for a Certificate of Rehabilitation and Pardon, there is a statutory waiting period, and during that time you must establish ties with your community and maintain a crime-free record. The certificate will prove to employers that you have renounced your criminal past and will be a dependable, honest employee.
Since paroled convicts struggle when adapting to life outside prison, earning this certificate will make life less complicated. Contacting a criminal lawyer at Takakjian & Sitkoff, LLP who has successfully processed dismissals and pardons should be your first step. Call us today for a free consultation.