Legal Question in Criminal Law in California

When I was 18 years old I was caught with marijuana and plead no contest. I am now almost 21. I have been doing research online and I find some places saying that after two years it will be off of my record because of Health and Safety code sections 11361.5 and 11361.7. Is this true?

And if not, I just got a DUI and I am wondering with two misdemeanors on my record can i get them both expunged?

Please help.


Asked on 8/23/09, 4:52 pm

1 Answer from Attorneys
Gary Polston The Law Office of Gary M. Polston

I will answer the question assuming that the Marijuana charge is a Misdemeanor (a lot are not). As long as you were not on Probation at the time of your DUI, you can get both cases expunged, once you are released from the current Probation. If your new case violates the old Probation, you are technically ineligible to have the case expunged.

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Answered on 8/24/09, 6:32 pm


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