Can a misdemeanor drug paraphernalia charge be expunged?

UPDATED: Aug 3, 2013

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Can a misdemeanor drug paraphernalia charge be expunged?

The person was charged because a pipe was found in his car when he was pulled over for having a light out. A friend had left it in his glove box (unbeknownst to him) and the owner of the car was charged. However, the responsible party told detectives it was his and begged to not be charged since he was about to join the military. The “detective” told him that as a former member of the military, he wouldn’t want to see him not be able to not serve his country and didn’t charge him. The possession charge was dropped since the police failed to get a med exam, so shouldn’t the paraphernalia charge have been dropped, too. His “defender” didn’t do his job.

Asked on August 3, 2013 under Criminal Law, Delaware


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I think your friend should speak with another attorney in the area.  If he was not subsequently prosecuted for any charge then the arrest record can be expunged.  Delaware's law is very particular.  There are two types of expungement and a request for Pardon that may apply.  I think he has a good chance but he needs to speak with an attorney that can look at the paperwork in the court and let him know.  Money well spent. 

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