Can a judge request a drug test at my expungement hearing

Asked over 2 years ago - Garden City, KS

My hearing is for attempted possession of a controlled substance with intent back in 1993. If the judge asks if I still use, how do I respond?

Attorney answers (3)

  1. Barry Franklin Poulson

    Contributor Level 20

    2

    Lawyers agree

    Answered . Since you admit you are a criminal, with no real intent to give up your criminal behavior, I wonder how you consider yourself eligible for expungement? You have to tell the truth, otherwise you would be lying to the court. You could refuse to answer under the 5th amendment, but that might not help.

    Perhaps you need to step back, seek counseling, address your serious drug problem (if it causes legal problems, it is SERIOUS), and once you are clean for a year or two, try again.

    We do not have a client/attorney relationship until you make an appointment, we discuss your case face to face, I... more
  2. Alexander M. Ivakhnenko

    Contributor Level 20

    2

    Lawyers agree

    Answered . I do not advise you to resort to lying to any judge especially on the current drug use attempting to expunge a controlled substance charge. It appears that admitted your drug use and your intention to expunge drug record clash. Please retain a criminal defense attorney in your area to discuss this dilemma.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general... more
  3. Patrick Michael Lewis

    Pro

    Contributor Level 16

    Answered . I have never seen a judge request a drug test at an expungement hearing. That does not mean he cannot or will not. It would not surpise me if he inquired about usage. As an officer of the court I cannot advise that you mislead the court. In a related note, do not post things on the internet which could come back to haunt you. COnsider consulting with a local attorney familiar with the judge in your town.

    Legal disclaimer: Legal disclaimer: Patrick M. Lewis, (913) 558-3961, patricklewislaw@gmail.com. This answer is... more

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