Stepparent adoption - prior criminal charges

[windycitybound]

What is the name of your state (only U.S. law)? NJ

We are in the process of filing for a stepparent adoption. We have just gotten back my husbands background check which included 3 misdemeanor charges of marijuana possession. The charges were over a decade ago, before we met, and before my child was born. The adoption agency says they don't see it presenting any issues moving forward with the adoption. An acquaintance that is a paralegal said that we may want to consider expungement, but looking into that option it would likely cost us a good amount of extra time and more importantly money that we would struggle to afford.

The adoption agency seems to think expungement is a bit overkill and that if anything the judge may order a 1-day "mini home study" before allowing the adoption to be completed. I respect their opinion since they have a good deal of experience and seen this situation before, but I do realize it is up to the judge, so was hoping to get some more opinions so I could make a well informed decision.

Thanks in advance.

 

[Zigner]

What is the name of your state (only U.S. law)? NJ

We are in the process of filing for a stepparent adoption. We have just gotten back my husbands background check which included 3 misdemeanor charges of marijuana possession. The charges were over a decade ago, before we met, and before my child was born. The adoption agency says they don't see it presenting any issues moving forward with the adoption. An acquaintance that is a paralegal said that we may want to consider expungement, but looking into that option it would likely cost us a good amount of extra time and more importantly money that we would struggle to afford.

The adoption agency seems to think expungement is a bit overkill and that if anything the judge may order a 1-day "mini home study" before allowing the adoption to be completed. I respect their opinion since they have a good deal of experience and seen this situation before, but I do realize it is up to the judge, so was hoping to get some more opinions so I could make a well informed decision.

Thanks in advance.

Why the rush?

 

[windycitybound]

Why the rush?

What rush? To proceed with the adoption? We have been together for 8 years now, with her real dad never being in the picture, so I actually thought we took it pretty slow to make sure we were doing the right thing the right way. Im not sure if thats what you were asking??

 

[Isis1]

i honestly agree with the agency. leave it alone. it's in the past.

career wise....he may want to look into an expungement as it is a legal option for him.

but for the adoption...he should be fine. it's not like it would be expunged in time for a home review anyway.

the way i look at it....eventually marijuana will be legal all across the nation in about 20-30 years. making stuff like this pointless. what would be more concerning is if he committed a crime while under the influence.

 

[windycitybound]

i honestly agree with the agency. leave it alone. it's in the past.

career wise....he may want to look into an expungement as it is a legal option for him.

but for the adoption...he should be fine. it's not like it would be expunged in time for a home review anyway.

the way i look at it....eventually marijuana will be legal all across the nation in about 20-30 years. making stuff like this pointless. what would be more concerning is if he committed a crime while under the influence.

Thank you for your input Isis. There were no other crimes committed while under the influence. We are a young 30s couple so 10 years ago he was just a kid that made some dumb choices smoking some marijuana. There has been no other arrests since then and we have been living together as a family unit for many years now. I agree with your opinion, just don't want the judge to see things differently.

Would anyone else like to chime in?

 

[Isis1]

Thank you for your input Isis. There were no other crimes committed while under the influence. We are a young 30s couple so 10 years ago he was just a kid that made some dumb choices smoking some marijuana. There has been no other arrests since then and we have been living together as a family unit for many years now. I agree with your opinion, just don't want the judge to see things differently.

Would anyone else like to chime in?

if memory serve me correctly....a judge can still see an expungement. it's still there. no one goes into the files and deletes it. or burns it. it's always there. it just can't be used to make a second offense charge in future use. and it won't come up on a citizen's background check. you can't hide it from a judge. so trying to get rid of it so a judge can't see it....doesn't really work.

 

[Zigner]

You made reference to the additional time that expungement would take as being a factor in your (plural) desire to not pursue it. That's why I asked about the "rush". I tend to agree with Isis1.

 

[Proserpina]

My opinion probably isn't required anyway.

What with me being in WA and all.

 

[windycitybound]

if memory serve me correctly....a judge can still see an expungement. it's still there. no one goes into the files and deletes it. or burns it. it's always there. it just can't be used to make a second offense charge in future use. and it won't come up on a citizen's background check. you can't hide it from a judge. so trying to get rid of it so a judge can't see it....doesn't really work.

I was just reading about expungements and saw the same thing, that law enforcement and judges would still be able to see the charges, so it really does seem to be unnecessary to me. Thank you Isis.

 

[Silverplum]

My opinion probably isn't required anyway.

What with me being in WA and all.

*waves from Colorado!*

 

[Isis1]

My opinion probably isn't required anyway.

What with me being in WA and all.

Colorado and California like this.

 

[windycitybound]

You made reference to the additional time that expungement would take as being a factor in your (plural) desire to not pursue it. That's why I asked about the "rush". I tend to agree with Isis1.

Ahhh, I see. No rush other than we have waited a long time already, but the added money factor was really the bigger issue in that statement.

 

[windycitybound]

My opinion probably isn't required anyway.

What with me being in WA and all.

Must be an inside joke with your colleagues, but I would still love to hear your opinion no matter where you are from!!

 

[Isis1]

Must be an inside joke with your colleagues, but I would still love to hear your opinion no matter where you are from!!

LOL!!


marijuana....CO? WA? CA? the three states all on the same thread

 

[Ohiogal]

Good god, you need to share with me. Because I have never EVER smoked pot. If it were legal, I might try it. So you out there where it is legal, invite me out to try it.