I have a misdemeanor possession of marijuana charge from 7 years ago and I am looking to have it expunged. Approximately one year after the possession charge, I received an OWI charge that was successfully sealed/expunged through deferral program. Will this OWI charge prohibit me from having the prior possession charge expunged? The charges were received in separate counties in one state.
I doubt that your prior conviction was expunged through a diversion; diversion typically means that no conviction is entered in the first place. There are very precise rules for filing petitions to expunge, but it seems you would still be eligible. Sit down with an attorney who can help you through this; it is NOT something you want to try on your own, as you only get one shot at it.
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