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Does a Marijuana related charge affect me for employment in California if its been over 2 years? I heard that it shouldnt.

Oakland, CA |

Does a Marijuana related Charge affect me for employment in california if its been over 2 years? I heard that it is not supposed to.

I took the 5 year fellony probation because at that time i was employed and going to school and couldnt fight my case from jail.

I was arrested for selling a bag of marijuana to an undercover officer. I would never sell it but the officer gave me a sob story and instead of getting groceries like I was walking into the store to do. I later found out that it was entrapment but I had a public defender.

It has been 2 years now and the jobs that I have been getting keep me for a week until my background check comes back.

my public defender said that it would not be a sales charge it would be felony posession. Would that make a difference?

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Attorney answers 3

Posted

It will most definitely show on a background check. However, the question of whether or not it will keep you from gaining employment depends on your employer, not the law.

If you're interested in pursuing an expungement, feel free to contact me for a free consultation. My practice is based in Oakland and I takes cases all over the bay area.

Asker

Posted

my public defender said that it would not be a sales charge it would be felony posession. Would that make a difference?

Asker

Posted

Yes I am interested in expungement. I thought i wouldnt be able to do that until my probation is over. I just reached the two year mark three years left. No violations or other charges.

Benjamin Adam Arsenian

Benjamin Adam Arsenian

Posted

3 years left might be too long for a 1203.3 early termination motion. But the judge can only say no, so give Mr. Winter a call and give it your best shot. You might also request that it be reduced to a misdemeanor via 17(b).

Posted

Sadly this felony will be on your record and could effect your employment chances. What you are confusing is misdemeanor personal possession of marijuana is erased from your records after a certain number of years, not a felony.

The above information does not establish an attorney client relationship nor is it meant to provide legal advice.

Asker

Posted

my public defender said that it would not be a sales charge it would be felony posession. Would that make a difference?

Posted

You have been convicted of a possession for sale of marijuana, which is a straight felony and will definitely affect your employment for the rest of your life. You could pursue a 1203.4 dismissal and eventually a Certificate of Rehabilitation, both of which will help your employment situation, but your employers will be seeing this conviction for the rest of your life. Your crime is a straight felony and cannot be reduced to a misdemeanor as another attorney suggested. You can apply for an early termination of probation. Feel free to contact me if you are interested in doing so. Good luck to you.

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