possession of less than 1oz and its effect on obtaining a student visa

[heavyd9601]

What is the name of your state (only U.S. law)?
California
so i got pulled over with my friend in northern CA and we both got possession tickets. i went to court and plead guilty and paid the fee ($188! i thought it was supposed to be 100 max...). because i am planning on studying abroad in Chile for 9 months beginning in september, i am worried this possession conviction on my record will prevent me from getting my student visa. i asked the clerk in the court and she said she was not 100% sure, but for a visa the host country checks the Dept of Justice files in washington for criminal charges and that this possession would not show up on that check. is this true? and becuase i plead guilty, do i still get a chance at removing this from my record with narcotics classes? and will this last just 2 years like i have read or is it permanent?

thanks for your help

 

[rainacidbeer]

What is the name of your state (only U.S. law)?
California
so i got pulled over with my friend in northern CA and we both got possession tickets. i went to court and plead guilty and paid the fee ($188! i thought it was supposed to be 100 max...). because i am planning on studying abroad in Chile for 9 months beginning in september, i am worried this possession conviction on my record will prevent me from getting my student visa. i asked the clerk in the court and she said she was not 100% sure, but for a visa the host country checks the Dept of Justice files in washington for criminal charges and that this possession would not show up on that check. is this true? and becuase i plead guilty, do i still get a chance at removing this from my record with narcotics classes? and will this last just 2 years like i have read or is it permanent?

thanks for your help

I think IN CA a conviction for a small amt of weed,is expunged after 2 years if you stay out of trouble. Before the 2 years past,you may have a misdemeanor conviction on your record,it shouldn't affect you.It might be worth speaking to an immigration lawyer and get there advice.

 

[ERAUPIKE]

I think IN CA a conviction for a small amt of weed,is expunged after 2 years if you stay out of trouble. Before the 2 years past,you may have a misdemeanor conviction on your record,it shouldn't affect you.It might be worth speaking to an immigration lawyer and get there advice.

Wrong. Possession of marijuana is a misdemeanor under California Health and Safety Code Section 11357. Possession of one ounce (28.5 gms) or less is punishable by a maximum $100 fine. Jail time is possible for larger amounts or for hashish, which is an optional felony ("wobbler"). However, under Prop 36, effective July 1, 2001, first- and second- time possession-only offenders may demand a treatment program instead of jail. Upon successful completion of the program, their conviction is erased. Possession (and personal use cultivation) offenders can also avoid conviction by making a preguilty plea under Penal Code 1000, in which case their charges are dismissed upon successful completion of a diversion program. Possession offenses are expunged from the record after two years under Health and Safety Code Sections 11361.5 and 11361.7.