QUESTION
Is it possible to get a DUI charge expunged? Is a marijuana possession charged considered an infarction?
Asked on Mar 23rd, 2013 on Criminal Law - New York
More details to this question:
I am applying for License Practical Nurse license and I have driving under the influence charge in 2007. Is it possible to it get expunged? And if not, I guess I have to put this in the application and all employment applications. Also, I had a ticket and $100 fine for marijuana possession in 2008. Is this considered an infarction? The License Practical Nurse application just asks for felonies and misdemeanors so perhaps I don't have to put that down.
6 ANSWERS
Criminal Defense Attorney serving Brighton, MI
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The Law Office of Steven M. Dodge, PLLC
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You cannot get the OWI expunged in Michigan. In some jurisdictions marijuana possession is a civil infraction. That is the exception, however, rather than the norm. In most instances that charge would be a criminal matter. What jurisdiction prosecuted the marijuana charge?
Answered on Mar 26th, 2013 at 1:47 AM
Estate Planning Attorney serving Provo, UT
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Randy M. Lish, Attorney at Law
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In Utah, you can get a DUI conviction expunged three years after termination of your probation, if it was filed as a misdemeanor. Possession of marijuana in Utah is a Class B misdemeanor, not an infraction.
Answered on Mar 26th, 2013 at 12:24 AM
Yes you may be eligible for expungement. Give me a call.
Answered on Mar 25th, 2013 at 9:41 PM
Michael J. Breczinski
It is NOT possible to get any offense involving driving expunged. Most possession of marijuana matters are misdemeanors but it depends on what police department wrote it. Some municipalities have made it a civil infraction. Check where it was written.
Answered on Mar 25th, 2013 at 9:22 PM
Thomas Edward Gates
Sorry, you need to list both infractions.
Answered on Mar 25th, 2013 at 9:12 PM
John J. Carney
You cannot get anything expunged in New York state, but perhaps it could be sealed or vacated. If you paid a $100 fine it was not an ACD on the marijuana, probably because you used a public defender.
Answered on Mar 25th, 2013 at 8:49 PM