Having a drug offense on your California criminal record can be damaging to your potential career and your reputation. Fortunately, you may be able to seal your drug charge if you successfully completed a drug diversion program pursuant of California Penal Code Section 851.9, and if your drug charge did not result in a conviction, even a dismissed conviction. Once your drug offense is sealed, you will be able to pass most background checks for employment and housing, and more importantly, can legally say that your drug offense did not occur.
Who Can Get a Drug Diversion Record Sealed?
The Drug diversion sealing is available to offenders in one of two circumstances:
1) Successful completion of the court ordered a drug diversion program pursuant to 1000.5 or a deferred entry of judgment program pursuant of 1000 or 1000.8.
2) Successful completion of the drug diversion program.
In either circumstance for drug diversion sealing, the judge ultimately determines if granting your petition for the sealing is in the interest of society. If the judge chooses to grant your drug diversion sealing, the court will send out an order stating that the arresting agency and court records for your drug charge are sealed so that no one can access the records of your sealed drug charge. As per PC 851.90, only the Department of Justice or court can disclose your sealed drug diversion records when determining eligibility for a later drug diversion or deferred entry of judgment program. There are also limited circumstances in which you must disclose your sealed drug offense, such as on an application to be an officer of the peace (PC 851.90(b)).
Increase the Chances of a Successful Drug Diversion Sealing
In California, the sealing process for a drug charge is complicated and time consuming. A successfully granted petition for a drug record sealing requires a great deal of preparation and multiple court appearances. For this reason, it is highly advisable that you seek the legal representation of an attorney who is licensed by the California State Bar and who is well versed sealing drug offenses in your area. An attorney will be familiar with the sealing process and can make sure that you are prepared for your case by completing all of the necessary court documents properly and promptly, and who can represent you in court. Investing in a record sealing attorney can be the difference between a successful petition and a failed one. If you cannot afford to hire a private attorney, seek the representation of your local public defender who can represent you for a low cost or for free.
According to Los-Angeles-Expungement.com Courts in Los Angeles do not charge a filing fee for this.
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