A drug record is a list of offenses that one person has committed that involve drug crimes. This is listed in the person’s criminal record, which is usually kept by local or county recording authorities. Although they aren’t classified as violent offenses, drug offenses can weigh very heavily on one’s record.
This is because most public policies view drugs and drug-related behavior as very dangerous to society as a whole. As such, a person with drug charges on their record may have difficulty with certain aspects of life, such as applying for a job or for housing.
Due to the negative effects of having a drug record on file, many people may be interested in clearing a drug record. This process is known as “expungement” and may be available for certain persons who have a criminal record. Some requirements needed to expunge a record may include:
Under Section 404 of the Controlled Substance Act, a drug conviction can be expunged of sealed if the following apply:
For the purposes of a person’s criminal or drug record, there is a strong difference between felony drug charges and misdemeanor charges. In short, felony drug charges are much more difficult to have expunged or cleared than misdemeanor charges. While it is possible to have a felony charge cleared, courts are generally more open to clearing misdemeanor charges.
An example of a felony drug charge is drug trafficking or distribution of drug. These are usually classified as felony charges. In contrast, a common misdemeanor drug charge is simple possession of a small amount of drugs. Part of this distinction is again due to the fact that distribution of drugs is considered more dangerous to society than is simple possession.
Clearing a criminal drug record is not available in all instances, and can sometimes be a complex process. You may need to hire a qualified criminal defense lawyer if you need help with clearing a drug record. Your attorney can provide you legal advice and can help determine your eligibility for clearing a criminal record. Also, your attorney can provide you with legal representation if you need to make an appearance before a judge.
Last Modified: 02-03-2017 04:14 PM PSTLaw Library Disclaimer
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