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Old 11-11-2007, 12:02 AM   #1
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Default Misdemeanor MJ posession in a state I was driving through

I was an idiot and took a small amount of weed with me on my long moving/drive trip across the country.

I admitted to having paraphenilia in my car and so they took that. I had only the tiniest amount of weed on me and I guess they found that or whatever was left in the paraphenelia.

I got a misdemeanor in Nebraska for both. I got a ticket and a fine (or a court date, if I want to do that.)

I just feel sick about it and how it is going to affect my future in terms of jobs, apartment rentals, etc.

I have read that if I get a lawyer and if this is my first offense, I might be able to get it reduced or not put on my record forever.

Question is, how do I do this from another state. I am living in Colorado.
Any ideas?

Thanks,
Kay
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Old 11-11-2007, 01:10 AM   #2
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Originally Posted by kaylight66 View Post
I was an idiot and took a small amount of weed with me on my long moving/drive trip across the country.

I admitted to having paraphenilia in my car and so they took that. I had only the tiniest amount of weed on me and I guess they found that or whatever was left in the paraphenelia.

I got a misdemeanor in Nebraska for both. I got a ticket and a fine (or a court date, if I want to do that.)

I just feel sick about it and how it is going to affect my future in terms of jobs, apartment rentals, etc.

I have read that if I get a lawyer and if this is my first offense, I might be able to get it reduced or not put on my record forever.

Question is, how do I do this from another state. I am living in Colorado.
Any ideas?

Thanks,
Kay
Try to do ADP or PTI. Go to your local police station and get info from them.
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Old 11-11-2007, 01:28 AM   #3
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Thank you.

I just read this on NORML - Nebraska - NORML

-- in the state of Nebraska, a first time offense of under an ounce is a simple civil citation and not a misdemeanor. I did some scouring of the Internet and from what I can gather, in the states that have "de-criminalized" laws, this is all you get the first time. A few people mentioned that this does not go on your permanent record.

I am still going to call someone to make sure, however. If this is the case and does not count as a misdemeanor, then I'm not going to worry myself to death about it.

The trooper confused me. First he said, "It's just a ticket," and then later he said it was a misdemeanor.

What is ADP or PTI?
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Old 11-11-2007, 02:23 AM   #4
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Thank you.

I just read this on NORML - Nebraska - NORML

-- in the state of Nebraska, a first time offense of under an ounce is a simple civil citation and not a misdemeanor. I did some scouring of the Internet and from what I can gather, in the states that have "de-criminalized" laws, this is all you get the first time. A few people mentioned that this does not go on your permanent record.

I am still going to call someone to make sure, however. If this is the case and does not count as a misdemeanor, then I'm not going to worry myself to death about it.

The trooper confused me. First he said, "It's just a ticket," and then later he said it was a misdemeanor.

What is ADP or PTI?
Alcohol Diver Program (for weed too) and Pre-Trial Intervention.


I thought misdemeanors can't affect your job and such? Employers aren't supposed to have access to that.
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Old 11-11-2007, 02:58 AM   #5
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Thanks.

Every search I do seems to mention misdemeanors and felonies in terms of background checks. However, there might be some exceptions or variations.

The data mining and incompetence of such in this country is starting to scare me:

Bad Data Fouls Background Checks

I have a misdemeanor from 23 years ago and as far as I know, it has never come up or gotten in my way in life yet. So I don't know.
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Old 11-11-2007, 03:23 AM   #6
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Alcohol Diver Program (for weed too) and Pre-Trial Intervention.
I once tried diving into alcohol, but it burned my eyes.

Quote:
I thought misdemeanors can't affect your job and such? Employers aren't supposed to have access to that.
For many jobs, it's standard operating procedure to do a criminal background check on a prospective employee. Most states have online access to criminal records for anyone who is willing to pay a very reasonable fee.

Go to Google and search on "access criminal records".
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Old 11-11-2007, 04:20 AM   #7
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Quote:
Originally Posted by Buzzby View Post
I once tried diving into alcohol, but it burned my eyes.


For many jobs, it's standard operating procedure to do a criminal background check on a prospective employee. Most states have online access to criminal records for anyone who is willing to pay a very reasonable fee.

Go to Google and search on "access criminal records".
Even for misdemeanors? You're saying underage drinking ticket can screw up your life?
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Old 11-11-2007, 02:20 PM   #8
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Default The more I look into this, the luckier I feel

I am just very grateful that this happened in Nebraska and not in the other states in between there and Ohio.

I am also glad it didn't happen in Colorado where it is a petty offense, which is a subclass of misdemeanor and DOES go on your record and require a court date.

I was floored when the trooper handed me the ticket and with the option to just pay the fine by mail.

If anything, this experience woke me up to a few facts. It is always good to be as educated as possible if you use marijuana.

For instance, I didn't know that in Ohio, you can get a simple fine for under 1 oz., but up to 30 days in jail and a much higher fine for possession of a pipe or papers!

I think the NORML site has the best layout of state laws.

I remember feeling incredulous when someone in Denver told me that people are "allowed" to have up to an ounce of weed for personal use. I had a vision in my mind of them just waving that on.

That's not true. You still get a fine, a petty offense charge, a court date, and it goes on your record. They are trying to vote that one down still.

My only worry now is if they will send something else in the mail to my old address, as my mother's address is on my driver's license from when I first moved to Ohio. She is a total snoop and would not be beyond opening that or making it difficult for me to get her to ignore it.

I put in a change of address request before I left and will call the court on Monday.

I'm not 100% sure, but I read somewhere that a citation like this could just stay on your DMV record for 7 years.
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Old 11-11-2007, 02:44 PM   #9
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You might have been lucky if you were caught in Colo. I was driving thru El Paso County (colo.) and was pulled over for speeding, following too close, not wearing a seatbelt, and having a pipe and weed on me.

I know I was lucky, but the DA let me off with a $100 fine (court costs etc.) for speeding. Didn't even worry about the MJ charges.
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Old 11-12-2007, 03:41 AM   #10
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IF you apply for a job in any other state than Kansas, chances are that no one will ever know (unless you are subject to an FBI background as are hazmat drivers). I don't search any states that the applicant doesn't live, or has not lived in. Why would I search Kansas for an applicant that lived in California and Colorado? (for example). It costs money to run a criminal history and each (most) state charges a certain amount. The National online criminal history searches don't contain 1/2 what they should and what they do report usually contains errors.

I know a lot of employers rely on those internet searches using a national database, but they shouldn't.
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