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?
Question Details: Is the statute of limitations up for this and can we get it dismissed and our belongings returned?
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."
