how do i get a upm off my record ?

[richiek91]

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

so me and a few of my friends were parked outside my friends house in my car smoking weed, when 2 cop cars pull up and take my two friends and i out of the car. They handcuffed and separated us and then started questioning us, the other officers searched my car and found a grinder with some weed in it and bong with some resin but nothing else. After going through some field sobriety test and pleading my case that i was not driving the car they decided not to charge me with driving under the influence of a controlled substance or something like that (sorry im not to familiar with legal terms) and instead he charged me with a upm and now i have to go to court the 27th. This is my first offense so it shouldnt be to serious. I am 18 years old so this all falls on me. I just want to know how can i get this dismissed or taken off my record at some point

 

[Indiana Filer]

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

so me and a few of my friends were parked outside my friends house in my car smoking weed, when 2 cop cars pull up and take my two friends and i out of the car. They handcuffed and separated us and then started questioning us, the other officers searched my car and found a grinder with some weed in it and bong with some resin but nothing else. After going through some field sobriety test and pleading my case that i was not driving the car they decided not to charge me with driving under the influence of a controlled substance or something like that (sorry im not to familiar with legal terms) and instead he charged me with a upm and now i have to go to court the 27th. This is my first offense so it shouldnt be to serious. I am 18 years old so this all falls on me. I just want to know how can i get this dismissed or taken off my record at some point

Why would it get dismissed or taken off your record? You admit having possession of marijuana, therefore you admitting breaking the law. It's not like you can break the law, and say "Oops I'm 18, so take it off my record please."

 

[Isis1]

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

so me and a few of my friends were parked outside my friends house in my car smoking weed, when 2 cop cars pull up and take my two friends and i out of the car. They handcuffed and separated us and then started questioning us, the other officers searched my car and found a grinder with some weed in it and bong with some resin but nothing else. After going through some field sobriety test and pleading my case that i was not driving the car they decided not to charge me with driving under the influence of a controlled substance or something like that (sorry im not to familiar with legal terms) and instead he charged me with a upm and now i have to go to court the 27th. This is my first offense so it shouldnt be to serious. I am 18 years old so this all falls on me. I just want to know how can i get this dismissed or taken off my record at some point

a first offense is serious. it's called the beginning of a criminal life. take it seriously.

you need an attorney. you can get it dismissed by proving you were not in possession of any marijuana. or, you can get it off your record if you are granted the option of an expungement.

 

[richiek91]

when i said not to serious i meant the punishment wont be to severe not that its not a serious offense i know it is. i just want to know what are any possible ways of getting this expunged

 

[Isis1]

when i said not to serious i meant the punishment wont be to severe not that its not a serious offense i know it is. i just want to know what are any possible ways of getting this expunged

depends on your attorney, and depends on the judge. it also depends on what other criminal actions you decide to incur along the way. losts of variables.

 

[dave33]

Many states have a form of diversion. That means (if you qualify) that the charge will be dismissed after completion of the program. You will have to contend with the expungement process after a completion. Also, a good attorney can help ihn these matters. If you go the program route, use it wisely, you usually only get one chance.goodeluck.

 

[FlyingRon]

In New York the diversion is called ACOD.

 

[HighwayMan]

Many states have a form of diversion. That means (if you qualify) that the charge will be dismissed after completion of the program. You will have to contend with the expungement process after a completion. Also, a good attorney can help ihn these matters. If you go the program route, use it wisely, you usually only get one chance.goodeluck.

Your post really doesn't apply in New York State.

 

[donkort]

Acod

It's possible (if it's your first offense) that you might be offered an Adjournment in Contemplation of Dismissal-Marijuana(ACODM - CPL 170.56) for one year. If, after that year, you don't pick up new offenses, your case would be dismissed and sealed, and you would not have to state that you have an arrest record. There might be community service, or required attendance at a drug program, attached to the above. If you do commit a new offense, the ACOD will be revoked, and you will be charged with the original crime, as well as with the one for which you were more recently arrested

You're lucky you didn't get Criminal Possession of Marijuana in the 5th degree, since you were in a public place at the time of the possession. CPM 5 is a "B" misdemeanor; a conviction to this charge will cause you to incur a criminal record. UPM is a violation, and conviction to this charge does not give you a crminal record.

There is no "expungement," per se, in New York State.

 

[HighwayMan]

since you were in a public place at the time of the possession.

Public place doesn't matter. It has to be in public view, or burning.

Simply carrying weed around in your pocket in a public place is still UPM.