Alcohol & Drugs: MIP, MIC, Intoxication Help! Victim of the Drug War

[BrianMack]

Hello and thank you kindly, I will be as brief as possible. I live in Abilene, Texas, but lived in Otoe County Nebraska for a few years prior to now. I was arrested in 2004 for a class IV felony, possession of a controlled substance. I was found with around 1/2 a gram of psilocybin. (mushrooms).

I had a pretty clean record, just a couple misdemeanors when I was around 19 or so, never any felonies, never any violent crimes. Nevertheless, I was convicted of the felony, and sent to the state penitentiary. I had a public defender by the way, a worthless one. I served 6 months and was released. I have been in absolutely no trouble since then.

My question is how can I get this off my record? How long do I have to wait? I have scoured the internet to no avail.

I am a good guy. I maintain steady employment, I have some college, and want to finish my degree someday. I am 29 years old, and without a college degree, I am limited as to what I can to make money in this world. I am disabled from a car accident, so manual labor is not an option. In short, this felony hurts me badly in the job market. I need help getting it expunged, and I am desperate.

Thanks again for your time.

Sincerely,

Brian McCormack

 

[seniorjudge]

Call the pardons clerk in the governor's office of the state where you were convicted.

 

[BrianMack]

Thanks Senior Judge. I will do that as soon as possible. What do you think the odds are I can get it expunged? Or is it too case specific to speculate? Any comments from anyone are welcome.

-Brian

 

[BrianMack]

More Questions...

Again I thank you for the info, I have more to add and even more questions now.

First, I took seniorjudge's advice. I contacted the governor's office in the state of Nebraska, where I was convicted. The clerk told me that I have to wait 10 years from my release date, with no new charges, to apply for a pardon. That is a longer time than I'd hope, but that's fine.

However, she said even if I qualify for a pardon, it would not seal, expunge or disappear the felony. She stated that it would restore my civil rights. I suppose that is better than nothing, I would like to vote. I am very baffled as to why such a meager crime has to follow me forever, and brand me felonious.

So now my question is this: since I have moved to Texas, I have worked two different jobs which required a background check. I am certain at least one of these places actually did do one. I probably should not have, but I lied on my application and said I had never been convicted of a felony. Yet I was hired on, at both places, and nothing was ever said. Apparently, nothing showed up. How is this possible?

Is it perhaps that they running checks in Texas only? Does anyone know how that works? Also, it may be irrelevent, but I had no problems getting a Texas driver's license either.

Could my felony have somehow slipped through the cracks?

Can I get in trouble for lying on job apps? It's not like I'd try to apply for a government or law enforcement job.

That's all for now, I know my questions are all over the place, but I really need to know how to approach these situations.

Thanks again, this service is very helpful, I hope to hear more feedback.

-Brian

 

[Thornton1186]

I'm not sure about the other questions you had but i know you wont get in trouble for lying on job apps. the employer may fire you if he finds out somehow but if your a hard working guy i doubt they'd hold u over the coals for it. I run a business and i dont run background checks.. i can tell in the first 3 days whether your the right material or not ya know.. the past has nothing to do with the person you are, inside or out. We need more compassionate people in this world. best of luck to you.