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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?

Attorney Answers 3


  1. 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.


  2. 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 information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional information, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and materials provided above are general in nature, and may not apply to specific factual and legal circumstances related to one’s personal legal issues. Contact an experienced criminal defense lawyer admitted to practice in your State under an attorney-client privilege to further receive a competent legal advice before making any important decisions about your particular legal issue. For further inquiries please contact: Attorney Alexander Ivakhnenko 1021 West Adams, 102, Chicago, Illinois 60607 773-562-8602 http://alexanderivakhnenko.com


  3. 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 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.

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