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How can I get out of drug court and expunge my record.?

Boca Raton, FL |

How can I get out of drug court?

I am 24 years old and have 4 roommates. Our house was raided and drugs were found. I was charged with a felony.

I hired a lawyer and they recommended drug court, but I did not know what I was agreeing to. I've been in the program for 2 months now and I am not an addict. This program is for addicts. Its taking a lot of my time and it is affecting my work and school.

What advice can you give me? Is there any way out of drug court? Can I expunge my record of this?

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Attorney answers 5


Are you in diversionary drug court? It may be in your best interest to jump through the hoops and have the State file a nolle prosequi (drop your case) once you have completed the drug court program. Then you should call an attorney to get your arrest record expunged.


I agree with my colleague. If you are in drug court that usually means the charge will be dismissed once you complete the program. If you don't complete the drug court program the charge will stick and that's not good. You can only expunge your record if you get this case dropped and you have no other criminal convictions. I would ride out the program to get the benefit of the dismissal. If you really don't want to do the drug court program you can always go back to court and request a trial. But I do not recommend you go that route.


I recommend you talk to your originally attorney. Ask for an in-person meeting and have him or her explain to you what is going on and what options, if any, you have.


I have to agree with Mr. Reid. You are young and still in school with your future ahead of you. If you are able to get through drug court you will avoid a conviction on your record and all that it entails. Once you have completed drug court successfully you will have the case nolle processed which will allow you to have the record expunged. If you truly want to withdraw from drug court, take a look at the agreement that you signed to enter drug court and weigh the consequences. You can speak with your attorney who you hired or hire a new attorney to help you with this.


The other attorneys are correct. As inconvenient as drug court may be, your only other viable option is potentially a withold of adjudication along with probation (most likely drug offender probation). That assumes you have a clean record and the assistant state attorney is willing to make such an offer. You would have to withdraw from drug court and take your chances with your case in the regular court - there is no guarantee you could get a good deal. The problem is - if you leave drug court, there's no going back. Although you are not an addict, if you make it through the drug court program, which should be a walk in the park if you do not have a substance abuse issue, it is the only way you can have the case dismissed and easily expunge your record. It may seem difficult at the moment but the opposite side of the coin is not necessarily better. There is one more option - if you are confident enough in your case that you did not commit a crime, you could withdraw from drug court and take the matter to trial. Obviously that is something you should discuss with your lawyer.

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