If I got convicted of a misdemeanor possesion of marijuana about 6 years ago, is there anything I can do to put that behind me?

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If I got convicted of a misdemeanor possesion of marijuana about 6 years ago, is there anything I can do to put that behind me?

Can I expunge it or get a pardon?

Asked on April 21, 2012 under Criminal Law, Missouri

Answers:

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

Answered 9 years ago | Contributor

It is my understanding that under Missouri law it is very difficult to expunge a criminal record.  Here is the law in short:

In Missouri, any record of arrest may be expunged if the court determines that the arrest was based on false information and the following conditions exist:

  • There is no probable cause, at the time of the action to expunge, to believe the individual committed the offense;
  • No charges will be pursued as a result of the arrest;
  • The subject of the arrest has no prior or subsequent misdemeanor or felony convictions;
  • The subject of the arrest did not receive a suspended imposition of sentence for the offense for which the arrest was made or for any offense related to the arrest; and
  • No civil action is pending relating to the arrest or the records sought to be expunged.

As for pardons, that is for the Govenor to d and he or she has “power to grant reprieves, commutations and pardons, after conviction, for all offenses except treason and cases of impeachment.” 

I would consult an attorney in your area on the matter.  Good luck.

 


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