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Unlawful Possession of Marijuana in Buffalo NY 221.05

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Ramster135

Junior Member
What is the name of your state (only U.S. law)? New York

About a month ago my fall semester ended and a friend and I decided to smoke marijuana in his car. It was his car so he was driving and decided to park in an area that we found out later to be private property. The biggest mistake of my life was agreeing to this and I don't think I will ever forgive myself. We were both charged with unlawful possesion of marijuana and pled guilty. The result was a $100 fine.

I attend a University and will be graduating with an Environmental Engineering degree within 2 years (May 2017). I am extremely worried that all my hard work in school will go to waste because of this being on my criminal record for employers to see during a background check and not being able to get a job. Do violations appear on background checks or effect my financial aid? Is there a way to have my record cleaned of this only offense that I have?

Any answers, information or additional questions you may have would greatly be appreciated. Thank you
 


quincy

Senior Member
What is the name of your state (only U.S. law)? New York

About a month ago my fall semester ended and a friend and I decided to smoke marijuana in his car. It was his car so he was driving and decided to park in an area that we found out later to be private property. The biggest mistake of my life was agreeing to this and I don't think I will ever forgive myself. We were both charged with unlawful possesion of marijuana and pled guilty. The result was a $100 fine.

I attend a University and will be graduating with an Environmental Engineering degree within 2 years (May 2017). I am extremely worried that all my hard work in school will go to waste because of this being on my criminal record for employers to see during a background check and not being able to get a job. Do violations appear on background checks or effect my financial aid? Is there a way to have my record cleaned of this only offense that I have?

Any answers, information or additional questions you may have would greatly be appreciated. Thank you
All of your hard work in school will probably not go to waste because of a single marijuana possession violation. The offense is not a misdemeanor or a felony (which CAN put to waste all of your hard work in school ;)). The violation should not affect your financial aid and I suspect it will have little effect on your job opportunities after you graduate with your environmental engineering degree in 2017.

That said, New York to my knowledge does not expunge records and your arrest for possession of marijuana could potentially show up on a background check. You can have any record of your arrest sealed but you will have to wait three years to do so (and you must not have any additional violations during this time). This is all based on my understanding of New York law - and New York has some of the most confusing laws I have ever run across. Someone from New York will no doubt be by to correct me if I am wrong (perhaps You Are Guilty or Highwayman).

Good luck. Don't do drugs.
 

OHRoadwarrior

Senior Member
Here is the eligibility worksheet you must complete for the FAFSA to determine your period of ineligibility due to a possession conviction. It appears you will be in catagory 3.
means you are not eligible for federal student aid for this school year unless you complete
an acceptable drug rehabilitation program or pass two unannounced drug tests administered by an acceptable drug rehabilitation program. Even if you are not eligible for federal student aid, you may still be eligible for aid from your state or college
http://ifap.ed.gov/eannouncements/attachments/StudentAidEligibilityWorksheetEng1314.pdf
 

quincy

Senior Member
Here is the eligibility worksheet you must complete for the FAFSA to determine your period of ineligibility due to a possession conviction. It appears you will be in catagory 3.


http://ifap.ed.gov/eannouncements/attachments/StudentAidEligibilityWorksheetEng1314.pdf
First, thank you OHR for providing the FAFSA Student Aid Eligibility Worksheet. Your research was far better than mine and it requires a change in my previous answer. Your financial aid, Ramster135, CAN be affected by your violation.

Here is a direct link to the 2014-2015 FAFSA Student Aid Eligibility Worksheet (which has not changed from the 2013-2014 worksheet provided by OHR and which is probably the same or fairly similar to the 2015-2016 worksheet):
http://www.monroecc.edu/depts/finaid/documents/DrugWorksheet14-15.pdf

I assume you were not under 18 years old when you were charged with possession of marijuana, right?

The deadline for your 2015-2016 FAFSA is June 30, 2015 (that means it must be received by that date) but it is generally recommended that you file your FAFSA early (in January if possible, even if it means estimating your taxes). You will probably want to complete a drug rehabilitation program, or pass two unannounced drug tests administered by an acceptable drug rehabilitation program, prior to or shortly after submitting your FAFSA application. This can make a difference in your eligibility for aid for the next school year.

You can call FAFSA's 1-800-433-3243 number if you have questions on how to answer the drug use portion of the FAFSA application.

The rest of what I provided in the way of answers appear to be correct.
 

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