What to do if my brother was arrested 8 years ago for possession of a controlled substance but the case has never been before the grand jury yet is still showing on his criminal record?

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What to do if my brother was arrested 8 years ago for possession of a controlled substance but the case has never been before the grand jury yet is still showing on his criminal record?

Is the statute of limitations up for this and can we get it dismissed and our belongings returned?

Asked on December 3, 2012 under Criminal Law, Alabama

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If your brother was charged with merely possessing a controlled substance, then the statute of limitations has run on his charges-- this means that he can no longer be prosecuted for charges eight years old.  To get it off his record, he would need to file a petition to have his record expunged.  To get his things, he may want to contact the agency after the expunction.  If they still refuse, he may need to file a writ to procure the return of his personal belongs.

If his charge was not just for possessing drugs-- but also included an allegation of drug trafficking, then he may want to hold off-- because there is no statute of limitations for this offense.  Filing an expunction could draw unwanted attention to a case that is lying in someone's "to do bucket." 


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