My son was charged with possession and **** paraphernalia, can I get this taken off his record any time soon?

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My son was charged with possession and **** paraphernalia, can I get this taken off his record any time soon?

He was arrested with one count cannabis and two counts of paraphernalia. He is 17 years old and needs this off his record when applying to college. He also does not believe that the officer stated the correct information on the charges. He is being charged for having between 2.5 grams and 10 grams but he says he knows he only had about 1.5. I know the amount he had will change the outcome in some matter. Is it possible through community service, **** testing, etc. to get this off his record any time soon? We currently live in Illinois if that helps. Thanks.

Asked on May 31, 2009 under Criminal Law, Illinois

Answers:

Robert Pellinen / Law Offices of Robert Pellinen

Answered 13 years ago | Contributor

You should be able to get the charges dismissed by going through a drug diversion course. If you complete the course and the charges are dismissed the laws usually provide  that you can safely say you were never arrested on an employment or other applications unless you are applying to be a police officer.

Also, even though the cases is dismissed pursuant to diversion, it will still be on your record and after a short time you can petition the court to seal this record because you were "factually innocent."  Also, since you are 17 you may be under the jurisdiction of the juvenile court and usually juvenile records are confidential and not "public records."  and don't have to be disclosed on employment or applications for "any purpose."

I hope this information is helpful, but since you'll be pleading not guilty at your arraignment this is not the time dispute the amount of marijuana, for that is like an admission of guilt.

 


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