Legal Question in Criminal Law in Colorado

Possession of marijuana charges in past

In 2006 when I was a minor, I was ticketed for possession of marijuana under an ounce and paraphernalia. I was never taken to the police station. A couple of weeks later I received in the mail a letter stating that my charges would be deferred/dismissed if I completed a diversion counseling class. I attended the class and haven't heard anything of it.

Its now 2009 and I am wanting to join the Air Force. I know they have a waiver for this offense, but is the charge still on my record or is it not even on it? If it is still there and I get the records expunged/destroyed, will the NCIC still be able to find the charge if and when they do a background investigation on me?


Asked on 6/15/09, 3:11 pm

3 Answers from Attorneys

Stephen Anderson Anderson & Carnahan

Re: Possession of marijuana charges in past

Go to the courthouse and see if there is a register of actions with your name and case number, if yes, you need to get your record expunged. If no register of action then the case was not filed by participating in diversion.

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Answered on 6/15/09, 3:19 pm
Stephen Anderson Anderson & Carnahan

Re: Possession of marijuana charges in past

Go to the courthouse and see if there is a register of actions with your name and case number, if yes, you need to get your record expunged. If no register of action then the case was not filed by participating in diversion.

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Answered on 6/15/09, 3:20 pm
Daniel Fenaughty FENAUGHTY & ASSOCIATES, PC

Re: Possession of marijuana charges in past

Steve's right about the register, but if there is a record, I don't think the seal will keep the Air Force out. However, a sealed record would keep future private employers from seeing the record. Anyway, if you did juvenile diversion under a deferred prosecution, there never was a conviction, and there should be no record of it.

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Answered on 6/15/09, 4:22 pm


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