Legal Question in Criminal Law in Minnesota

Are petty misdemeanors marijuana convictions considered local, state or federal

I applied for federal student aid but was told that I wouldn't qualify because of 3 petty misdemeanor marijuana convictions that are over three years old.

The US department of Ed. web site says only to count state and federal convictions. Are these petty misdemeanors state or federal offences and Do these petty misdemeanors disqualify me for federal student aid? If so How do I get them off my record?


Asked on 6/13/00, 2:09 am

1 Answer from Attorneys

Thomas C. Gallagher Gallagher Criminal Defense

Re: Are petty misdemeanors marijuana convictions considered local, state or fede

If you admitted a violation of Minnesota's petty misdemeanor marijuana statute, by statutory definition this is not a "crime," nor is it a "conviction" under Minnesota law. It is, like a parking ticket, a civil "violation." I am not familiar with federal student loan laws and rules, without researching them. I do know that in other areas, the immigration area for example, legal events considered a state law "misdemeanor" conviction, can be, regardless, considered a "felony" under federal law for certain purposes. Similarly, it may be possible for a federal statute or administrative rule (regarding student loans) to define a non-criminal state "violation" as a crime under that federal law. I would want to rule out concerns such as this.

You might check the web site of the National Organization for the Reform of Marijuana Laws ("NORML") at www.norml.org then use the "search" feature, for keyword "student loan." Doing that, I came up with numerous news items on point, with links to news reports about recent legislation in this area. (Please consider joining and contributing to NORML, to help change these destructive laws, and end the war on drugs.)

As far as "getting them off your record," there are several options available. All of them will require some effort, time and money. Examples of possible options include: an "expungement" motion, a motion to withdraw and vacate (and expunge), etc. These do not always produce the desired result in some federal law contexts, but may (one would have to look into it further); and, may be desirable on several other grounds in any event.

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Answered on 8/01/00, 6:00 pm


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