Can I answer no to any conviction on a board of pharmacy application if i was caught with less than an ounce of marijuana?

About 7 years ago, in a mall parking lot, I was caught with less than an ounce of weed. I completed a class so that it would be removed from my record. I am trying to become a pharmacist but I am not sure what to answer when that question about conviction comes up. My background check is always clear and I was able to get a pharmacy tech license even though I answered yes to the question and provided evidence of my class completion. When I went to the city court to check my record, even after i showed the docket report and citation, they were not able to find it.

Asked on July 6, 2012 under Criminal Law, California


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

Answered 8 years ago | Contributor

If your conviction has already been expunged or removed from your record, you can honestly answer that you've never been convicted of an offense.  From what you write in your question, it sounds like you were never even convicted-- you either did a probation or some type of divert program-- which was not considered a conviction.  I'm just gleaming this from the details of your question.  I think your safe in answering, no, you have not been convicted.  But your details are a bit limited.  To be sure, take your court paperwork to a criminal defense attorney in your area and they can tell you whether you were convicted or not --for sure.  The records will determine the definite answer to your question.  It's sounds like a pain, but better to have a definite answer and pay a small consultation fee-- than having your application affected. 

As a side note, you may have a problem if you change your answer from a previous answer-- if the Board has access to it.  You may get more inquires about a "no" now, when you previously answered "yes." 

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