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Can a judge request a drug test at my expungement hearing

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?

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Attorney answers 3


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 accept a retainer, and we explictly agree to enter into representation.



If I quit using altogether could I answer that I no longer use?

Barry Franklin Poulson

Barry Franklin Poulson


True. But your true statement would carry a lot more weight with a drug assessment by a counselor and a page of NA sign in sheets. The judge will have to be convinced that you love the law more than you love your dope. Best of luck in your endeavor. Save some other folks at NA, they need an example.


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.

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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, This answer is intended to provide general information about the justice system. It does not provide legal advice nor does it create an attorney-client relationship. It does not provide the basis for making decisions about a course of action. Legal advice requires more communication and information than is possible in this format. Many important considerations and factors need to be investigated and discussed before an attorney could give legal advice about this issue. Before making any decisions about a course of action readers are strongly encouraged to contact a lawyer and secure an attorney-client relationship. Readers must also understand that this format does not provide for confidential communication.



I have realized that I am done with it. I just want to put it behind me.

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