A misdemeanor conviction will remain on your record and will be available to the public for three years before it can be removed. A felony conviction will remain on your record and will be available to the public for five years before it can be removed. If you have been convicted of a drug charge, you are most likely worried about how the conviction would affect your future. It is important to realize the significant consequences of a criminal conviction of any kind, including a drug-related offense.
Registration may affect your employment, education, housing, and your ability to qualify for professional loans or licenses. Removing a drug-related crime from your history can have a big impact on lessening those negative consequences. Possession of a controlled substance, such as marijuana, cocaine, or heroin, can be a misdemeanor or a felony. The seriousness of the crime, and the severity of the sentence, depend on the type of drug and how long you were carrying when the police caught you.
For example, possession of a small amount of marijuana is a misdemeanor, while possession of cocaine is a felony. You could spend less than a year in jail, or you could spend several years in prison. If you want to know exactly what you're dealing with, call 847-920-4540 right now. We explain the possibilities of sentencing.
In addition, the nature of drug charges can affect a court's decision on whether or not to approve a request to clear a defendant's drug record.
drug possessioncharges are subject to an incredibly wide range of penalties, depending on the state in which the crime occurs or if there are federal charges involved. However, the prosecution does not have to prove that the defendant knew that the drugs were controlled or that possession in this circumstance was illegal. Your lawyer can also tell you about your rights and protections under your state's law, as well as what else you can do if your criminal drug record cannot be erased under the circumstances.
Similarly, the severity of drug charges will vary; a drug conviction may qualify as a low-level summary offense or offense, or it could be a felony with a possible extended prison sentence attached to it. With respect to drug charges in particular, drug trafficking and manufacturing are two types of felony drug offenses that may not be eligible for expungement. You possessed the drugs illegally, but were not given to you by a licensed doctor in the course of your practice, or obtained them with a false prescription. Although a felony drug charge may be dropped under very limited conditions, courts tend to be more willing to approve a request for expungement of criminal records when a drug offense is charged as a misdemeanor.
A defendant can be convicted of possession of a controlled substance if the prosecutor can prove that the defendant had at least partial control over the drug. This is because the law considers crimes such as drug trafficking and manufacturing to be more harmful to society, as opposed to the use and possession of drugs, which are mainly only harmful to the individual. The police could also charge the driver with possession if passengers are found with drugs on their person, or vice versa. Depending on the circumstances, a person accused of possession of an illegal drug could end up facing possession charges with the intention of distributing a charge much more serious than mere possession.
A wide range of drug-related criminal offenses exist, including simple possession, possession with intent to distribute, sale or distribution of drugs, or drug trafficking. To convict someone of illegal possession of a controlled substance, the prosecutor must prove that the defendant knowingly possessed the drug. Depending on the law governing the expungement of criminal records in a particular jurisdiction, expungement may serve to erase an entry altogether or only allow a criminal drug record to be stamped. While every drug charge is different, having a conviction for a drug offense on your record can make it difficult to find a job.