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Vacated Felony Cannabis Possession Charge And Becoming A Caregiver

down4dacause

By down4dacause
in Legal Professionals

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down4dacause Newbie

down4dacause

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I am curently on probation for a cannabis posession charge in Illinois. My home was raided after I sold cannabis to a cancer patient who got caught with cocaine. I took a plea deal where after I complete my rehab and probation my conviction will be vacated and the charges against me dismissed. I can't find anything on the internet to clarify weather or not I would qualify. According to what I was told I will not have a felony conviction on my record. The way I interpreted the law you are fine if you dont have a conviction but I am not sure if that vacated judgement is only for job purposes. If anyone could help I would really appreciate it.

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Jipo Advanced Member

Jipo

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i would have a lawyer look into your specific case because NORMALLY...... plea bargain = admissions of guilt = conviction.

 

Usually, Theres a lot of things like a 74.11 Which is no conviction upon completion of judges orders. Basically it suspends you being convicted for the length of the probation, if you complete with no issues you have no conviction if you mess up, everything usually resets and your convicted.

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Sinsemillaplease Advanced Member

Sinsemillaplease

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A felony drug conviction means you cannot become a caregiver.

 

Background screening not required for patient status.

 

I really hate unthoughtful responses like this. Clearly the guy posted the thread because his situation is atypical and a typical response will not suffice. No offense to the person who wrote it... but please give it more thought next time.

 

I'm in a similar situation... which would've been identical if not for a racially motivated prosecutor. I didn't end up getting intervention in lieu of conviction, the name for the program the OP described in Ohio, and actually had to plea so I have a felony conviction. I can get it expunged 4 years from January 15, 2011. There has to be a good attorney who can answer this based on some sort of precedent (unrelated to mmj obviously) or at least clear the air a bit.

 

After my felony is expunged, does the govt still consider me to have been convicted of a drug-related felony for their administrative purposes? I know that virtually no other entity could even find out that I ever had a felony but the government could. Maybe not the MDCH... but other governmental bodies for sure.

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lawyercaregiver Advanced Member

lawyercaregiver

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This is an Illinois case. In Michigan under 7411 you do NOT have a criminal record so caregiver = fine.

 

If the facts are as you state them (my conviction will be vacated and the charges against me dismissed) then you do not have a criminal record so you can be a caregiver.

 

You may want to check with your lawyer who negotiated the plea deal to make sure you do not have a record. Your Probation Officer can also verify this- but I would not tell her why you want to know (I am going to college to become a Probation Officer because I respect what you have done so much for me is probably a better reason). You could also verify with the Judges clerk or Bailiff but be VERY nice to the nice lady who is the real power in most courts.

 

I would NOT hire another shyster to 'check up' on this. You should HAVE a lawyer on this case already! Call him and make sure this is squared away.

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420Atheist Advanced Member

+420Atheist

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This is an Illinois case. In Michigan under 7411 you do NOT have a criminal record so caregiver = fine.

 

If the facts are as you state them (my conviction will be vacated and the charges against me dismissed) then you do not have a criminal record so you can be a caregiver.

 

You may want to check with your lawyer who negotiated the plea deal to make sure you do not have a record. Your Probation Officer can also verify this- but I would not tell her why you want to know (I am going to college to become a Probation Officer because I respect what you have done so much for me is probably a better reason). You could also verify with the Judges clerk or Bailiff but be VERY nice to the nice lady who is the real power in most courts.

 

I would NOT hire another shyster to 'check up' on this. You should HAVE a lawyer on this case already! Call him and make sure this is squared away.

 

This kind of information is worth it's weight in gold. +1 rep and thanks for participating here. Now I know to suck up to the Judges Clerk should the need arise. :D

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DetroitPassionCenter Advanced Member

DetroitPassionCenter

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This is an Illinois case. In Michigan under 7411 you do NOT have a criminal record so caregiver = fine.

 

If the facts are as you state them (my conviction will be vacated and the charges against me dismissed) then you do not have a criminal record so you can be a caregiver.

 

You may want to check with your lawyer who negotiated the plea deal to make sure you do not have a record. Your Probation Officer can also verify this- but I would not tell her why you want to know (I am going to college to become a Probation Officer because I respect what you have done so much for me is probably a better reason). You could also verify with the Judges clerk or Bailiff but be VERY nice to the nice lady who is the real power in most courts.

 

I would NOT hire another shyster to 'check up' on this. You should HAVE a lawyer on this case already! Call him and make sure this is squared away.

 

+1 Rep for you. We are lucky to have members like yourself who can actually answer a question like this and know what they are saying based on the law and experience working in the court system. There seems to be a lot of people who think they can answer legal questions based on common sense and the judicial system and common sense do not go hand in hand.

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phaquetoo Advanced Member

phaquetoo

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Usually, Theres a lot of things like a 74.11 Which is no conviction upon completion of judges orders. Basically it suspends you being convicted for the length of the probation, if you complete with no issues you have no conviction if you mess up, everything usually resets and your convicted.

 

 

Jip I have to agree with you. it will not be on your record if you complete prob with no probs!

 

If the glove dont fit you must aquit!

 

F T W

Peace!

Jim

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