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Will I need to put this on job applications? (Possession Charge)

Oswego, NY |

Hi I was charged with "Unlawful Possession of Marijuana" three weeks ago; my court date is tomorrow. I have hired a lawyer and because of the nature of the crime and where I live, he is confident that he will be able to get the charges dismissed, as it is my first and only crime. But, I am still (obviously) very nervous. If they are dismissed, will I have to put this on any type of job resume? And, if the charge isn't dropped and I plead guilty, will I have to put it on the resume? Also, is it true that misdemeanors like these stay on your record forever unless you pay to have them expunged? Thank you.

Attorney Answers 4


  1. If it is dismissed, never mention it.
    If it is not dismissed immediately, it should be in 1 year under the Marijuana Adjournment in Contemplation of Dismissal motion.
    If you actually ended up w/a misdemeanor, it can never be expunged for any amount of $$ under current NYS law.

    Joseph A. Lo Piccolo, Esq.
    President, Criminal Courts Bar Association 11'-12'
    Hession Bekoff & Lo Piccolo
    1103 Stewart Ave, Suite 200
    Garden City, NY 11530
    516-408-3666 (o) / 516-408-3833 (f)
    Jlopiccolo@hbclaw.net

    I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.


  2. Unlawful possession of marijuana is a violation and not a crime. So even if it doesn't get dismissed, if anyone ever asks you if you have been convicted of a crime you can say no. Additionally even if you were to plead to it it wold be sealed after a year. As a practical matter your are eligible to receive a marijuana adjournment in contemplation of dismissal. This means if you stay out of trouble for a period of one year the case will be dismissed and sealed as though it never happened. Your attorney can also make an application to the court for immediate sealing. You hired an attorney, speak to him and have him explain it all to you.


  3. A job application will ask of you have ever been convicted a crime. If your case gets dismissed, you are not convicted. You would not need to disclose anything because there is nothing to disclose. If you plead guilty, that's a conviction for whatever charge you plead to. You may be able to expunge your conviction after you finish your probation and pay all fines/restitution. I would speak to an attorney as soon as possible.

    My comments are provided for general information purposes only. Nothing on this or associated pages, documents, comments, answers, emails, or other communications through Avvo should be taken as legal advice for any individual case or situation. The information on this website is not intended to create, and receipt or viewing of this information does not constitute, an attorney-client relationship. Lawyers are licensed to practice on a state by state basis; do not act on information contained on this website without first speaking to an attorney licensed to practice in your state.


  4. It depends on what you are asked. The case should be dismissed under CPL 170.56 if you stay out of trouble for a year. NY does not have an expungement statute but you do not need one as CPL 170.56 automatically dismisses and seals the case after one year.

    Richard Southard
    212-385-8600
    I am a former Deputy Bureau Chief with the Kings County DA’s Office and adjunct professor at John Jay College of Criminal Justice, with over 15 years experience specializing in criminal law cases. I offer free in-person, phone and video consultations.

    All answers are for information purposes only. Answering this question or any future questions does not form any attorney-client relationship. Be mindful, that answers are limited by the limited facts presented by the questioner and are not meant to take the place of competent legal advice by an attorney fully informed of all the facts surrounding your case. However, be aware that nothing posted in a public forum such as this can be deemed confidential or privileged communication. For a privileged private consultation, contact me at 212-385-8600 or via my website www.reasonabledoubtny.com

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