How Can I Get a Felony Drug Charge Expunged?

By Vivek Saxena
The decision regarding your motion will be determined by a judge.

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Getting a felony drug charge expunged is mandatory if you want to start your life over. With the charge still on your record, you will lose out on lucrative job offers and face difficulty building credit. You may also be denied residence at an apartment complex or housing unit. Though getting a felony drug charge expunged is a very difficult task, it can be done, and it comes with many benefits.

Complete your probation or parole term. You cannot have your charge expunged if you are still in the court system. Ideally, at least one to five years should have passed since your court supervision was terminated.

Avoid getting charged with and convicted of another crime. Judges are much more likely to deny your request if you have a long criminal history. Even a minor misdemeanor can ultimately cause you to lose your case.

Seek a local lawyer and set up a consultation. The laws regarding drug charge expungement differ by state. An attorney with drug-charge experience will be able to inform you of the specific requirements and direct you through the process.

Create a comprehensive list detailing all the positive things you've done with your life since you were convicted. If you earned a degree, mention it. If you volunteered somewhere, add it as well. Cite every specific thing, including jobs you've worked.

Follow your state's procedures. This typically requires filing a motion for expungement, in which you must make a case about why you deserve this. Include the aforementioned list, as well as recommendations from teachers, employers and even your former probation officer.

Write a sincere letter to the judge and insert it into your petition. It should be heartfelt and honest. You must convince him that you really have changed and that you intend to move forward with your life in a positive way.

Wait. It can take weeks or months before a court is able to review your motion. Don't send any additional motions or call the court. Wait patiently for them to write back to you with the results.

Try again. In case you are denied, wait a year and try again. There is no limit to how many times you may request to have your record expunged.

About the Author

Vivek Saxena has been a full-time freelance writer since 2004, contributing to several online publications. Prior to becoming a writer, Saxena studied computer technology at Purdue University.

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