Archives for posts with tag: seal records

Criminal Defense: Marijuana Arrest Records

Marijuana Arrests

California is becoming more lenient in their rules against possession of marijuana.  When a person is caught with less than one ounce (28.5 grams), they are charged with an infraction.  The penalty for this is only $100 and no jail time.  Possession of more than one ounce carries a penalty of up to 6 months in jail, up to $500 in fines, or both.  Possession by a person over 18 on school grounds is a misdemeanor, punished by up to 6 months in jail, $500 in fines, or both.  Possession by a person under 18, of less than an ounce, on school grounds, is punishable by $250.  A second offense carries an additional 10 days in juvenile hall. If a person has a valid medical marijuana card, they will not be charged at all, and the case will be dismissed.

The abovementioned refers to simple possession only.  This does not apply to sales, transportation, or cultivation.  It also does not apply to concentrated cannabis.  These are all accompanied by stricter penalties.
Marijuana Arrest Records

If you were arrested for simple possession, which means possession for personal use under one ounce, you have a right to have your records sealed.  This applies to people convicted of simple possession, possession on school grounds, or offering, giving away or transporting less than one ounce.  If you were convicted of any of these offenses, your records should be automatically sealed after two years.  Once the records have been sealed, the person can truthfully say that they have never been arrested or convicted of a crime.  Likewise, the district attorney, cops, probation department and courts cannot say that the person was arrested or convicted.  However, the two year time limit does not apply if the person is still on probation, in jail, paying fines, or any other term of the criminal penalty.  Likewise, if there is a civil suit pending, the two year rule does not apply.  The records will get sealed upon termination of all collateral penalties and suits.

Of course, this relief only applies to California, as per state law, and does not necessarily apply to Federal law.  As of today, marijuana possession is still illegal under Federal law.

Hiring an attorney for a Marijuana Arrest

If you were arrested for marijuana possession you will want to hire an attorney.  Because the rules are beneficial to a person with simple possession of less than an ounce, you will want to ensure that you are being convicted of the right thing.  A good attorney can get you the best deal to make sure that after 2 years, your records will be automatically sealed.  You do not want marijuana possession to ruin your life.

Contact the Law Office of Stephanie M. Arrache, a criminal defense firm, if you have been arrested for marijuana possession or have questions about sealing your marijuana possession records.

Law Office of Stephanie M. Arrache

A Criminal Defense Firm

PO Box 3297

Palm Springs, CA 92262

Office: (760) 237-8295

Cell: (760) 668-8295

www.stephaniearrache.com

https://www.facebook.com/PalmSpringsLawyer

Criminal Defense: Seal Juvenile Records

 Seal Juvenile Records

 If you committed a crime as a juvenile and were subsequently convicted, you most likely want to seal those records as an adult.  You don’t want one mistake as a kid to ruin your chances for success as an adult.  The way to do this is to petition the court to seal the records.  Contrary to common belief, the juvenile arrest records are not automatically sealed once you turn 18.  You must actively try to get your juvenile records sealed as an adult.

How to Seal Juvenile Records

Once you turn 18, or 5 years after the termination of the juvenile court’s jurisdiction over you is when you can petition the court to seal your records.   You must not have committed a crime of moral turpitude, whether it is a felony or misdemeanor.  This means that if you are charged with a crime of moral turpitude, you would want to discuss with your juvenile defense lawyer, a way to negotiate a plea that may change the charge from one of those moral turpitude crimes.  This is also true of certain crimes listed under 707(b) committed when you were 14 or older.  Further, you can’t have pending civil action for the same charges or any felonies or misdemeanors involving moral turpitude after the original charge.  For example, if you are charged with robbery, a crime of moral turpitude, you will not be able to have the juvenile records sealed.  However, if your attorney is able to negotiate a plea to a different charge (for example, disturbing the peace) but the person whom you robbed is suing you in civil court, you still will not be able to have your juvenile records sealed.

Benefits of Being Granted a Petition to Seal Your Juvenile Records

If your crime was not one of moral turpitude or listed under 707(b), your juvenile arrest and conviction records will be sealed.  This means that they will actually be destroyed.  When applying to a job or school, you will truthfully be able to say you were never convicted or arrested.  The district attorney, police and probation will all have to say no.  If you were convicted of a crime that requires sex offender registration, and does not fall under the aforementioned restrictions, you will no longer have to register.

Hiring an Attorney to Seal Your Juvenile Records

The petition process is tricky, and the results are rewarding, which makes it a good idea to hire an attorney to seal your juvenile arrest and/or conviction records.  This is not a process recommended to be done on your own.  An experienced attorney can have the records sealed, so you can move on with your life! Contact the Law Office of Stephanie M. Arrache, a criminal defense firm, if you want to seal your juvenile arrest and conviction records.

Law Office of Stephanie M. Arrache

A Criminal Defense Firm

PO Box 3297

Palm Springs, CA 92262

Office: (760) 237-8295

Cell: (760) 668-8295

www.stephaniearrache.com

https://www.facebook.com/PalmSpringsLawyer