If marijuana ever gets completely 100% free from any laws, what would the chances be of getting a marijuana related felony off my record? Do you think everyones charges would be dropped and all people incarcerated on marijuana related charges would be released? Im really baked right now so forgive me if this is a dumb question.
If prohibition was lifted nation wide...
- Thread starter Big Shady
- Start date
hotrodharley
Well-Known Member
If you have stayed clean you might be able to expunge your record. Check with a real lawyer.
Rancho Cucamonga
Active Member
You can expunge a felony at any time, in some states you have to wait 3, 5, 7, or 10 years from date of sentence but you don't need to wait for an event that will probably never happen to expunge that felony.
File "indigent" or pay the 100 or so to file appeal/expungement in the county where you were sentenced. You should then get a court date to go in front of a judge a few months after to explain why you should have that felony expunged. My friend in MN did this for two felonies, 5th degree sales and credit card fraud. All he did was write an essay on why he should have the felonies expunged, the judge allowed this even thought the prosecutor objected to it. His main point was he couldn't find legit employment or housing with the felonies and he proved not to be a risk by maintaining a clean record since crimes. The procecutor grilled him a bit but he stayed calm and admitted to his past crimes and apologigized for them, but he pushed the fact/idea that he was no longer a criminal and that the felonies on his record were impeding his progress in life. The judge agreed but the prosecutor appealed the judges decision but that's normal, he got his expungement papers in the mail about 30 days after his court date.
As to your real question, no. Even if new laws passed to where marijuana was now legal it wouldn't automatically free someone from jail for marijuana related crimes, or even help you more with your expungement, most likely any new laws would not affect previous convictions. So basically those in prison would be grandfathered in after law passed and would still have to serve their remaining sentence.
Now don't plan on buying any guns, an expungement does not guarentte you the DOJ/FBI will allow this as they can still see felonies, but employers, and other non-federal law agencies cannot see it, even local and state agencies could not see his felonies after expungement.
But, if you get charged with another felony, related to drugs or not, your old felonies can be used against you even though they are expunged. How that works I do not know.
Get the expunged now! Many states have legislation ongoing that will make it much harder for felons to get expungements.
Rancho Cucamonga
Active Member
Yes. My friend was able to buy guns after his expungement in 2000, UNTIL the Assault Weapons Ban expired in late 2004. After that he was denied. When he did the firearm denial appeal in the end the DOJ/FBI told him they decided to consider the expunged felonies to deny him, an added power they got after the ban expired, part of the background check enhancement. Nothing he could do. He could still get his state permit to purchase firearms card(which is required in mn) but was denied at the fed level. Any fed law agency can see expungements and they can use that info to make rulings, but at a state level they cannot unless you commit another felony then they can open or use it somehow to enhance punishment.
Good Luck.