Can you get a possession charge off your record?

Author

Emily Cortez

Published Feb 20, 2026

Can you get a possession charge off your record?

The general rules are:Many felony and misdemeanor convictions [not infractions] can sometimes be 'expunged' by proper application and Petition to the court, but only if there was no prison time served or even sentenced, if it was not for certain sex and Domestic Violence crimes, if all terms of sentencing and probation

Simply so, can you get a drug charge off your record?

Under Section 404 of the Controlled Substance Act, a drug conviction can be expunged of sealed if the following apply: You have no prior federal or state drug convictions in any state. You have no prior history before the court before this present charge.

Secondly, does simple possession go on your record? A simple possession, first offense, will affect you the rest of your life. Many believe that criminal offenses are like insurance points; they fall off your record after a certain number of years. Once on your criminal record, the offense stays on your criminal record, unless expunged.

Beside above, how do you get a charge expunged off your record?

To expunge a misdemeanor case, an application or petition for expungement is filed to the court that initially handled the criminal case. The district attorney or prosecutor's office must also be served with notification of your request.

How long does a misdemeanor drug charge stay on your record?

A misdemeanor conviction will remain on your record and be available to the public for three years before it can be expunged. A felony conviction will remain on your record and be available to the public for five years before it can be expunged.

Can police see expunged records?

When Sealed or Expunged Records Can Be Seen

In California: an expunged record is technically a dismissal where the conviction is expunged, but the court record remains. If you are arrested for a subsequent offense, the court will have your expunged offenses to consider during your trial.

What crimes can be expunged?

Q: What can be expunged? A: Generally, all records on file within any court, detention or correctional facility, law enforcement or criminal justice agency concerning a person's detection, apprehension, arrest, detention, trial or disposition of an offense within the criminal justice system can be expunged.

How much does it cost to expunge a felony?

Typical costs: Hiring an attorney to handle an expungement starts around $400-$1,000 for a single criminal charge but can run $1,000-$4,000 or more depending on the number and nature (misdemeanor or felony) of the charges, prevailing local legal rates and the status and experience of the attorney.

What does it mean to have a record expunged?

Expungement (also called "expunction") is a court-ordered process in which the legal record of an arrest or a criminal conviction is "sealed," or erased in the eyes of the law. In some jurisdictions, it's not possible to get an expungement.

Does a felony go away after 7 years?

The FCRA allows felony arrests to be reported on background checks for seven years after release from prison. Felony convictions can be reported as far back as the employer chooses to go.

Can you get a paraphernalia charge off your record?

If you plead guilty or are convicted, the drug paraphernalia charge can never be removed from your criminal record. You need to hire a criminal defense attorney to represent you.

Do I need a lawyer for expungement?

If your criminal record is eligible for expungement, you may not need to hire an attorney to complete the process. You usually will be required to pay a fee in in order to file the expungement application with the court. In more complex situations, you will need the assistance of a qualified criminal law attorney.

Do expunged records show up on background checks?

Expunged records shouldn't show up on a background check because legally they don't exist. But sometimes they do. In these cases, it is even more important to have a reputable background checking agency, with a history of good candidate experience, as your trusted partner.

Can I get my record expunged without a lawyer?

Most states provide a way for their residents to expunge or seal their criminal records. The method varies by state, but many jurisdictions have enacted procedures that make it easier to proceed without an attorney. All states, however, have very explicit laws regarding if, how and when you can expunge your record.

How long does it take for a DUI to come off your record?

Offenders would obviously like their DUIs to “disappear” on their own after a few years of good behavior, but that is not the case. True, insurance companies will usually drop your rates back to non-DUI levels after three years, but your criminal record stays on the police database forever.

How do you start an expungement process?

File a petition for expungement.

Once you've determined that you're eligible, file a petition with the courthouse. You'll have to pay a fee, and you'll have to wait for the court to process your paperwork. In some states, you'll receive a hearing date on which you'll meet with a judge to have your record expunged.

Do I need a lawyer for simple possession?

Whether you hire an attorney or request court appointed counsel, ie public defender, the simple answer is yes. Simple Possession is a class A misdemeanor punishable by up to 11 months 29 days in jail.

What does having a misdemeanor on your record mean?

A misdemeanor is defined as a minor wrongdoing or crime, but it is still a crime. As such, it is still a part of your criminal record just like a felony conviction would be. Misdemeanor offenses stay on your criminal record for life unless you successfully petition the court for those records to be expunged or sealed.

How do I seal my criminal record?

There are two ways to seal criminal records—by mail or in court.

Most criminal records can be sealed by mail after a waiting period.
Some cases can be sealed by in court, without a waiting period or by mail.

Will a simple possession charge show up on a background check?

Will a Minor Possession Charge Show Up on a Job Seeker's Criminal Background Check? The short answer is that such convictions generally will show up when conducting a county criminal record search, but this isn't a hard and fast rule.

Is a simple possession charge a felony?

However, possession is nonetheless a crime, and even mere possession of small amounts can be charged as a felony in states that have strict drug possession laws. And in those that are more tolerant, when very dangerous drugs are involved, such as heroin or cocaine, felony charges are likely.

How much is a simple possession ticket?

For simple possession, first offenders get 2 to 10 years in prison and a fine of up to $20,000. In contrast, California has some of the lightest drug possession sentences: between $30 and $500 in fines and/or 15 to 180 days in jail.

What is the punishment for simple possession?

For simple possession, first offenders get 2 to 10 years in prison and a fine of up to $20,000. In contrast, California has some of the lightest drug possession sentences: between $30 and $500 in fines and/or 15 to 180 days in jail.

Is simple possession a misdemeanor?

Those charged with simple possession or casual exchange will face Class A misdemeanor penalties, which can mean serving up to one year in jail and facing fines of up to $2,500. Some fail to realize that one can be charged with possession of a controlled substance even if not caught with the drugs on their person.

Do drug charges get dropped at 18?

This means that if you are over 18, after six years any cautions for drug possession will not come up on a DBS check. It takes 11 years for convictions for drug possession to be filtered. If your employer asks you in an official capacity you always have to be honest about any drug possession charges.

How long does drug possession stay on your record UK?

It is worth knowing that a DBS check filter is eventually applied to most cautions, discharges and convictions for possessing drugs. This means that if you are over 18, after six years any cautions for drug possession will not come up on a DBS check. It takes 11 years for convictions for drug possession to be filtered.

How do I get a simple possession charge expunged in SC?

To qualify for expungement, one year must pass from the date of your conviction, and you must have no subsequent or prior convictions. You received a conditional discharge from the court, and you fulfilled all the terms of your discharge. General misdemeanor.

Do employers care about misdemeanor drug charges?

That said, while misdemeanor convictions are not as serious as felony convictions, misdemeanors can still be reviewed for hiring decisions and may impact your ability to be hired. In general, violent, theft and drug-related crimes can raise the most concern for employers.

Can I get a job with a misdemeanor on my record?

If you have a record of misdemeanor convictions, you must expect the records to be located by your prospective employer. Although a criminal record will limit your job opportunities, you can still get a job if you are prepared to disclose your record during the job application process.

Is a Class A misdemeanor a felony?

Generally, in most states, as well as at the federal level, a class A misdemeanor is the most serious, and carries the greatest consequences. Lower-level misdemeanors may carry sentences of only months or days. If an offense requires more than a year of jail time, it will typically be considered a felony.

How serious is a misdemeanor drug charge?

Misdemeanor Drug Possession

A misdemeanor is a lesser crime not with penalties not as severe as felony crimes. The penalties for misdemeanor drug possession may result in a small fine, court mandated drug counseling, community service, and probation, depending various factors.

Will Amazon hire someone with a misdemeanor?

Does Amazon Hire People With Misdemeanors. Yes, Amazon does hire people with misdemeanors or there record.

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