Can a misdemeanor drug paraphernalia charge be expunged?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 10 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.