Legal Question in Criminal Law in Kentucky

Possession Of Marijuana Conviction

I was convicted of a poss. of marijuana charged in Febuary 1997. Interestingly enough, I had no marijuana on my person but was still charged with the crime. My friends were in possession of the stuff and of course said it was mine when we got pulled over, I was sitting in the backseat. Being only 22 and in the process of moving, my court appointed attorney ''scared'' me into pleading guilty and taking the fine. I now wish to get this expunged from my record. Can anyone give me any information or advice. It was my first offense, I have paid a fine of $163.50. I seem to recall the judge mentioned that it would come off my record in a certain amoutn of time but I am unsure of this.

Thanks,

J


Asked on 7/14/02, 10:20 am

2 Answers from Attorneys
Bryan LeSieur LeSieur Law Office

Re: Possession Of Marijuana Conviction

KRS 431.078 allows you to petition the court where the conviction took place , to expunge the record if it is over 5 years and there are no pending criminal matters.

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Answered on 7/14/02, 3:17 pm
Bryan Gowin Bryan Gowin Attorney at Law

Re: Possession Of Marijuana Conviction

expungements are mandatory whenever the person has no prior or subsequent offenses and it has been 5 years from the date of conviction or end of sentence, whichever is longer (including any probationary or conditional discharge periods). there are also a host of other requirements for expungement to be mandatory, such as not being a sexual offense, but theu do not apply to you. violations are included in having a prior or subsequent offense. you have to apply for the conviction to be expunged, pay a fee, and submit a copy of the judge's docket, arrest history and motion and order for expungement. hope this helps.

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Answered on 7/14/02, 4:41 pm


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