Criminal Defense: Marijuana Arrest Records
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