Drug Crimes, Substance Abuse an old marijauan misdemeanor charge in a state that has now decriminalized it

[patriots12]

i was arrested for a misdemeanor possession of 1 gram of marijuana roughly 10-11 years ago when i was 17 years old in the state of Massachusetts. in 2009 voters passed a bill to decriminalize marijuana in the state which is now in effect (since Jan 1st 2009).

before the decriminalization happened i had tried to get a judge to seal the record back in 2004 because i was leaving college and searching for a job but the judge refused. the lawyer told me it it was b/c the judge strongly disliked marijuana and any other judge would have sealed it. i have not tried again and i have not been arrested since this incident.

luckily the place i work at now doesn't do background checks. i'm thinking of applying for a new job but dont want this to come back and haunt me. is it possible to remove this altogether since marijuana possession is decriminalized up to 1 ounce and i only had 1 gram? if decriminalization was in effect back then i wouldnt even have a record! is it possible to retro-actively fix this? i will try to seal it again but i wish i could just get it removed altogether! some agencies have access to sealed records.

 

[army judge]

Your reasoning is a bit off kilter.

If marijuana had been legal when you got "popped" a decade ago, you'd have still been in violation of the law.

Why, you ask?

Because you chose to possess the substance at age 17.

In the states that have legalized marijuana, one must be 18 years of age (or older) to legally possess (plus other criteria).

However, because you were a minor, unless you were charged in adult court (and not "juvie" court), your record is already sealed.

Juvenile records are not accessible for routine records checks by MOST employers and lenders.

I'd investigate in what court I was adjudicated on the possession charge.

If its "juvie" court, no problem.

If it was an adult court, try to get it sealed again.

 

[patriots12]

i didnt say "legalized" i said "decriminalized" (2 separate things). there is no age limit on the decriminalization in MA because no one is actually legally allowed to posses pot (its just a $100 fine with no criminal penalties). the only thing that is different is if you're under 21 and get caught with pot then you need to attend drug counseling on top of paying the fine.

and they did not charge me as a juvenile they charged me as an adult.

why should i have a criminal record on file for something that is no longer a criminal act?

 

[army judge]

Okay, "counselor", solve your own problem.

i didnt say "legalized" i said "decriminalized" (2 separate things). there is no age limit on the decriminalization in MA because no one is actually legally allowed to posses pot (its just a $100 fine with no criminal penalties). the only thing that is different is if you're under 21 and get caught with pot then you need to attend drug counseling on top of paying the fine.

and they did not charge me as a juvenile they charged me as an adult.

why should i have a criminal record on file for something that is no longer a criminal act?

 

[patriots12]

uh oh i sense a little hostility here "army judge". is this something that has stumped you? i can handle my own problem but am looking for someone to acknowledge that this is a catch 22 and if its something i can take up with a lawyer or not. thanks for the help.

 

[mightymoose]

Army is right.
Sure, you can take it up with a lawyer if you like- its your money.
Regardless of the change in law, enough time has passed that you should be able to seal your record without any problem. Try again. You can attempt to seal or expunge the record even if the law hadn't changed.