How to Expunge a Drug Offense in California
Posted on November 27th, 2013
If you have committed a drug offense in California, chances are that you may be able to expunge your drug offense from your criminal record. To do so, however, the courts usually require that you complete a drug rehabilitation program. The type of rehabilitation program may differ depending on the type of the sentencing of your drug offense, which will also determine whether or not you are eligible to expunge your drug charge in California. RecordGone.com offers a free California drug offense expungement eligibility test and is the easiest way to determine if you can get your drug charge expunged.
You may be eligible to expunge your California Drug Treatment Program Case pursuant California Penal Code Section 1210.1 (e). The Drug Treatment Program Case Expungement is for offenders who have successfully completed drug treatment and completed probation. By expunging your drug offense, the court dismisses your conviction releasing you from all penalties and disabilities inflicted by having a drug offense on your criminal record. If you are eligible to expunge your California drug offense under Penal Code section 1210.1, you can legally say that you were not arrested of convicted for the offense.
Your expunged California drug offense can only be used against you for employment as a peace officer. Otherwise, the law stipulates that your expunged drug offense and conviction cannot be used against you in a way that results in the denial of employment, benefit, license, or certificate, except in limited circumstances. The arrest and conviction related to your expunged drug offense will only have to be disclosed on applications or questionnaires for public office, for licensure by any state or local agency, when contracting with the California State Lottery, or for purposes of serving on a jury. That being said, it is illegal for an employer or landlord to use your case against you. If it is mandatory that you discuss your expunged drug offense, you can say that your offense was dismissed in the court of law by a judge.
When you file your petition with the court, remember that cases are heard on a first-come, first-serve basis from the time that the petitions are filed with the court. To make sure that your case is heard as quickly as possible, be sure to file your court documents on time and accurately, as misfiling documents could result in a prolonged case or, even worse, a failed petition for expungement.
Is your drug charge in another state? Read our How to Expunge or Seal a Drug Charge or Conviction. Have you decided to move forward with the expungement process? Read our guide on choosing an expungement attorney.