Expert advice for federal or state drug charge expungement or record sealing. How to choose an expungement attorney to expunge your drug charge or drug conviction.
The Attorney General, John Ashcroft, wrote in his Treatment of Expunged State Convictions Under the Immigration and Nationality Actor that for deportation purposes an expunged/vacated/set aside record remains deemed a conviction. He cites to Adams v. County of Sacramento, 1 Cal. Rptr. 2d 138, which states that CA PC 1203.4 does not "eradicate a conviction of purge the defendant of the guilt established thereby." Ashcroft states that the remedy of expungment is not a reversal of the conviction on the merits, which is when the person demonstrates that the entry of the intitial conviction was in error, but instead, due to rehabilitation and without reference to merits of the underlying adjudication of guilt. Luviano, 21, I. & N. Dec, states the difference of expungement laws being based on rehabilitation and the overturning of a conviction based on guilt.
A drug charge on your criminal record can be extremely detrimental to potential job prospects. Since more than 80% of employers are performing background checks, a drug charge on your record makes obtaining a job difficult, regardless of whether you can pass a drug test. Compared to other offenses, employers may be more unwilling to look over the drug conviction as you may be perceived as a liability. That's why it is imperative to expunge your drug charge or conviction. Expungement of your drug case is an investment in you.
If you have a drug charge or a drug conviction on your record, then you should enlist the help of a specialized expungement attorney or record sealing attorney.
If your drug charge is in Arizona, California, Nevada, New Jersey, or Utah, see the law firm www.Recordgone.com (877-573-7273) for an expert expungement attorney. If your drug charge is in another state, see our section on choosing an expungement attorney and information on how to expunge a drug charge. FREE ELIGIBILTY TEST 877-573-7273
If you were convicted of drug possession or other drug offense, you may be eligible for expungement. A conviction occurs when you plead no contest, guilty, or when a judge or jury enters a verdict of guilt. Most states will allow you to expunge or set aside the drug conviction. Certain states, like Texas will allow you to "set aside" the drug conviction only if you did not serve time in jail or prison.
Upon expungement of your drug charge or drug conviction, your job opportunities are broadened and you can apply to jobs without the fear an embarrassment of your drug conviction appearing in a background check. Upon expungement, you can honestly say you were not convicted of a drug charge. The laws vary by state; so make sure to speak to a lawyer who is familiar with the benefits and procedures of expunging a drug charge or conviction in the state where yours occurred.
Many courts send those charged with drug offenses to diversion programs. In many states it is possible to seal the records of a case that ended in the successful completion of a drug diversion program. Once sealed, the arrest and case are no longer make public in many states.