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Possession of a Clean Record

Addiction?  Experimentation?  In pain without Insurance?  Whatever your reason for possessing, don’t let a pocketful of drugs weigh you down for the rest of your life.  If you received a conviction for misdemeanor possession of a controlled substance and want to move on from your mistake, this step-by-step guide may be just what you are looking for.

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Rommy Kassim

A Step-by-Step Guide for Removing a Misdemeanor Conviction for Possession of a Controlled Substance from Your Criminal History in Indiana

Addiction?  Experimentation?  In pain without Insurance?  Whatever your reason for possessing, don’t let a pocketful of drugs weigh you down for the rest of your life.  If you received a conviction for misdemeanor possession of a controlled substance and want to move on from your mistake, this step-by-step guide may be what you seek. 

Step 1: Is there any way for me to clear my criminal history of misdemeanor possession of a controlled substance conviction? 

Yes!

What you are looking for is called an expungement.

An expungement is a legal process that allows you to remove convictions and arrests from your criminal record.  Essentially, an expungement makes it as if your conviction never happened.

Step 2: When can I get an expungement for my conviction?

If you want to get an expungement for a misdemeanor conviction, you need to wait until five years after the date of your conviction has passed.  
  
For example, if you were convicted in 2017, you would need to wait until 2022 before getting an expungement.  

Step 3: What if I was initially arrested for felony possession of a controlled substance, but the charge was reduced?

It does not matter.  For expungement purposes, the law treats a misdemeanor conviction that begins as a felony charge before being reduced the same as a standard misdemeanor conviction. 

Step 4: Is there a way to get an expungement without waiting five years?

Yes, you may be able to get an expungement at an earlier date, but you will need written permission from a prosecutor to do so.  

Step 5: What happens if I get in legal trouble before the five years are up?

It depends on whether you are dealing with a new conviction or a non-conviction.  
   
Suppose you are convicted of another crime before the five-year waiting period ends. In that case, the original waiting period will be replaced by another five-year waiting period that begins with the date of your new, more recent conviction.  
   
For example, if your misdemeanor possession of a controlled substance conviction was in 2017, but you received another conviction in 2019, you would need to wait until 2024 before getting the original misdemeanor possession of a controlled substance conviction.   
   
This will not be the case with non-convictions.    
   
A “non-conviction” is when you are arrested for a crime, but the arrest does not lead to a conviction.  A non-conviction during the five-year waiting period will not affect your ability to expunge your misdemeanor DWI conviction.  

Step 6: Is there anything that could prevent me from getting my conviction expunged?

Yes, here are a couple of things that may prevent you from getting your conviction expunged:     
   
If you still owe money related to your conviction, such as court costs or fees, you will not be able to get your conviction expunged until those debts are paid.    
  
If you are facing criminal charges, you will not be able to get your conviction expunged while the charges are still pending. 

Step 7: Owing money or current criminal charges seems only to delay when I can get my record expunged.  Is there anything that will permanently stop me from getting my conviction expunged?

Yes, there are two situations where the law will forever prevent you from getting your conviction expunged:   
   
First, the government will never let you get your conviction expunged if you qualify as a “sex or violent offender.”    
   
The label of “sex or violent offender” accompanies a conviction for certain felonies, namely those involving physical violence or sexual touching.  You may contact us if you want to know which offenses give someone the status of “sex or violent offender.”    
  
Second, you will never be able to get your conviction expunged if, at any point in life, you have been convicted of two or more unrelated felonies involving the unlawful use of a deadly weapon. 

Don't let your criminal history keep you from meaningful employment, housing, and education opportunities. Easy Expunctions offers simple, quick, and affordable record-cleaning services without the hassle. We're passionate about helping you secure your future. Reach out to the professionals at EasyExpunctions.com or call (866) 775-9983 to see if you're eligible!