§3607 Special Probation and Expungement Procedures for Drug Possessors

Summary

A court can put someone found guilty of simple drug possession on probation for up to one year without entering a criminal conviction. That can only happen if the person had no prior state or federal drug convictions and has not already used this option. If the person completes the probation without breaking any rules, the court must dismiss the case and not record a conviction. If the person breaks probation, the court will handle the matter under the rules for probation violations. The Department of Justice will keep a private record of such a disposition or of a conviction that is later expunged, but only so courts can check future eligibility for this program. Those dispositions or expunged convictions are not treated as convictions for any legal disability, disqualification, or other purpose. If the person was under 21 when the offense happened, the court must expunge official records (except the private DOJ file) when the person asks, and the person does not have to disclose the arrest or proceedings afterward.