Can Drug Charges Be Expunged?

Different Types of Drug Offenses

There are several offenses connected to dangerous drugs for which one can be charged. A few of these criminal offenses include

• Using a controlled substance
• Owning drugs or drug paraphernalia
• Ownership with the intent to market or dispense a dangerous medication
• Transportation of a dangerous drug as well as the growing of cannabis.

If you want to speak to an expungement attorney, speak with an attorney about getting your record removed for a drug offense.

Indiana Cannabis Laws

Under Indiana Code § 35-48-4-11, the possession of any kind of quantity of cannabis, hash oil, hashish, or salvia is unlawful despite the amount. Nonetheless, the quantity and sort of marijuana help identify the appropriate crime or criminal charge. Lacking added facts, belongings of cannabis is a Class B misdemeanor. If the offender has a prior conviction for a medication crime or recognized the material was cannabis or a relevant plant, but it was disguised as reduced THC hemp extract, the offense rises to a Class A violation. And also, if the culprit has a previous drug offense sentence and possesses a dramatically higher quantity, the crime is a Level 6 felony.

What Criminal Offenses are Qualified for Expungement

People founded guilty of a misdemeanor, consisting of class D felony decreased to a misdemeanor
This section uses just to an individual convicted of a misdemeanor, including a course D felony decreased to a misdemeanor.
A minimum of five years after the day of the sentence (unless the prosecuting lawyer consents in using an earlier period), the person founded guilty of the violation might seek the court to restrict access to documents included in a court’s files; the records of the Indiana DOC; the documents of the BMV; and also the files of any other individual that supplied treatment or solutions to the petitioning person under a court order; that connect to the person’s misdemeanor conviction.
The court will order sentence documents to be restricted if there is convincing proof that:

1. the period called for by this area of the law has actually elapsed;
2. no charges are pending against the person;
3. the individual does not have an existing or pending driver’s license suspension;
4. the individual has actually effectively finished the individual’s sentence, consisting of any type of regard to monitored release, and completely satisfied all various other obligations positioned on the individual as part of the sentence; as well as
5. the person has not been convicted of a criminal offense within the previous five years.
   People convicted of a non-violent felony
   Other than as provided in subsection (b), this area uses just to an individual convicted of a felony.

(b) This section DOES NOT apply to the following:

6. Authorities convicted of an infraction while offering the official’s term or as a prospect for public office.
7. A sex or violent offender (as specified in IC 11-8-8-5).
8. A person founded guilty of a felony that resulted in serious physical injury to another person.
9. An individual convicted of an infraction defined in IC 35-42-1, IC 35-42-3.5, or IC 35-42-4.
   A minimum of 8 years after the conclusion of the individual’s sentence (including the decision of any kind of regard to monitored release as well as the contentment of all various other commitments placed on the person as part of the sentence, unless the prosecuting lawyer approvals in contacting an earlier duration), an individual might request the court to restrict access to a court’s documents; the data of the department of modification; the records of the BMV; as well as the documents of any other individual that supplied therapy or services to the requesting person under a court order; that connect to the person’s felony sentence.
   The court will order conviction documents to be limited if there is persuading proof that:
10. the period needed by this section has actually elapsed;
11. on the house are pending versus the person;
12. the individual does not have an existing or pending motorist’s permit suspension;
13. the individual has successfully completed the person’s sentence, including any kind of regard to supervised launch, and satisfied all various other responsibilities placed on the person as part of the sentence; and also
14. the person has not been founded guilty of a crime within the previous eight years.

Drug Possession is Not a Violent Criminal Offense

Drug possession legislation usually come under a couple of main categories:

1. Simple possession (for individual usage); and
2. Possession with intent to distribute.
   The latter group generally carries stiffer charges upon conviction, contrasted to basic possession, as the objective is to penalize and also discourage drug dealers. To prove possession with intent to offer, district attorneys may provide evidence such as:
   1. Digital scales
   2. Baggies
   3. Large quantities of the drugs
   4. Large quantities of money in small bills, or testimony from witnesses.

Additionally, some states have actually created separate classifications of certain medications, treating them separately. As an example, some states have legalized ownership of cannabis for medical and even recreational usage, although it’s still considered prohibited under government legislation. These laws are continually transforming, which is why it’s essential to understand the regulations in your area.

Possession Charges Can Be Removed

If you had the question of, can possession charges be expunged from a criminal record, the answer is as long as the crime was not ruled as a violent crime, as violent crimes are expressly excluded from expungement under the current Indiana Second Chance Law as it is currently written. Contact an attorney that handles expungements as soon as possible for assistance with an expungement of possession charges removed immediately.