Skip to main content

Can I get first offense for Marijuana removed from my Record in Wisconsin?

De Pere, WI |

I'm 19 Years old and was recently arrested for possession of Marijuana (about 3.5grams). Since this is my first offense and I have nothing else on my record, what steps can I take to get this removed from my record? How would I go about seeking a public defender to possibly do community service or anything along those lines to get it removed.

Attorney Answers 3

Posted

If you are being charged with a criminal offense, and you are eligible, you should be able to receive a public defender. That attorney would have a better idea of what steps you can take mitigate the situation in your area. Generally speaking, any steps you can take to seek treatment or to address your alleged drug use will be helpful.

Expungement is available to individuals who commit their offense while under the age of 25, and who are convicted of misdemeanors or less serious felonies. Usually, a request for expungement occurs after the completion of the sentence, though a request is usually made at the time of sentencing that expungement be made available later.

Cases like this are handled differently in different counties, so your experience may vary.

Mark as helpful

2 found this helpful

5 lawyers agree

Posted

Attorney Szczewski's response is accurate. To elaborate, assuming you were arrested and charged with a crime in Brown County (where De Pere is located), you can contact the local Public Defender office -- Green Bay -- at 920-448-5433 to determine your eligibility for a public defender. Even if you don't qualify for a public defender, you can petition the Court for a court-appointed attorney, or you could hire local counsel yourself. Having an attorney could assist in negotiating an amendment down to a civil forfeiture ticket (i.e., not a criminal charge) or in negotiating a Deferred Prosecution Agreement (whereby you would jump through some hoops that would result in an amended charge or a dismissal if successful).

If you've already been convicted, you could ask the judge for expungement assuming you meet the qualifications set forth in Wis. Stat. 973.015. Hiring an attorney familiar with the sentencing judge could result in his or her aiding you in crafting an argument that will appeal to the Court, but you can do it yourself if you show the court all the positive things you've done since you got sentenced (which would need to be more than simply finishing your sentence in most cases.) If you're set on doing it yourself, this is the form you want to download and file: http://www.wicourts.gov/forms1/circuit/ccform.jsp?FormNumber=CR-266

Mark as helpful

2 found this helpful

2 lawyers agree

Posted

I am assuming you have not yet been to court.

You want a lawyer. The Green Bay Public Defenders office has good lawyers if you qualify. At 19 you probably do.

What you really want is to avoid having a conviction record. A lawyer can help with this. While this is pending, and after, you want to keep in mind that second offense THC possession in Wisconsin is a felony. First offense can keep you from getting financial aid.

If any answer on AVVO helps you, mine or someone else’s, please mark it as "helpful" or "best answer" to help AVVO know which answers to show others.

Thank you.

--- Experienced Criminal Defense Lawyer in Madison, Dane County, Wisconsin
http://addbalance.com

--- Facebook Page
http://www.facebook.com/CriminalDefenseMadTown

--- Talking to the Police - Advice from Lawyers and Police
http://addbalance.com/police.htm

--- Miranda Rights (and Wrongs)
http://addbalance.com/miranda_rights.htm

DISCLAIMER:

Confidential information should not be disclosed in this Internet forum.

I am an experienced Wisconsin criminal defense lawyer practicing in Madison (Dane County) Wisconsin. The laws in each jurisdiction can be very different. I cannot give legal advice over the Internet nor can I establish an attorney client relationship with you.

If something I say disagrees with what your own lawyer is telling you, you should rely on your lawyer who is familiar with you, your entire case, the local courts and practices.

Most questions are just better handled by an attorney familiar with the procedures of the courts in your area. Few, if any, legal matters should be handled via Internet communication. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services.

This AVVO Answer is provided for general educational purposes only.

Click on the “more” link below for more important information about the answer and AVVO.

Confidential information should not be disclosed in this Internet forum. Click on the "More..." link for IMPORTANT INFORMATION about this AVVO Answer. . . . . . . . . . . . . . . . . . . . . . . . . . . . I am an experienced Wisconsin lawyer. The laws in each jurisdiction can be very different. I cannot give legal advice over the internet nor can I establish an attorney client relationship with you. You should NOT assume or otherwise conclude that there is an attorney -client relationship between any reader and this writer or his firm. These comments are only guideposts. They are not subject to any privilege protections. Indeed, these internet communications are neither privileged nor confidential. Accordingly, those using this form of communication need to be guarded in what they write. Because of the nature of these communications the information is general only and should not be relied upon in any specific case. This internet site is public forum, where the communications are not confidential or privileged. There may very well be merit to your defense or position in this type of situation. However, there are hardly sufficient details for an attorney to provide you with some path to follow. It is imperative that ALL of the facts in a particular situation be examined. No conclusion can be drawn from the communication that you have provided. There are some matters that are just better handled by an attorney familiar with the procedures of the courts in your area. Most, if not all, legal matters should not be handled via internet communication. At best, the responders on this site can give you a few hints and guidance. To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services. For a definitive answer you should seek legal advice from an attorney who (1) is licensed to practice in the state which has jurisdiction; (2) has experience in the area of law you are asking about, and (3) has been retained as your attorney for representation or consultation. Your question and the attorney’s answer may be used for promotional or educational purposes.

Mark as helpful

2 found this helpful

2 lawyers agree

Criminal defense topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics