QUESTION

Need to get rid of Marijuana Possession Conviction from 7 years ago for employment purposes

Asked on Feb 21st, 2014 on Expungements - Virginia
More details to this question:
I was convicted of Marijuana Possession in 2007 and I recently got my CDL last year and been told by several CDL companies that it is hurting my chances for employment and that I need to do something about it.
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1 ANSWER

Family Law Attorney serving Tysons, VA
1 Award
Expungements are only available for cases of "actual innocence" such as when charges are dropped or you are acquitted by the judge or jury after a trial.  If you plead guilty or are found guilty, you are not considered to be actually innocent and are therefore not eligible for an expungement in Virginia.  Unfortunately, this will stay on your record forever.  Hopefully as it becomes older and older, it will become less relevant to potential employers or you can explain it as "youthful indiscretion."  With marijuana becoming legal in more and more places, I am surprised that many employers hold this against you.  Your best course for the time being is probably seeking out employers who don't conduct a criminal background check, which many small companies do not, or one who is not concerned about a simple possession conviction. This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.    
Answered on Feb 21st, 2014 at 3:11 PM

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