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Year 2000 - Marijuanna Posession Charge - Will it show up on FBI background report?

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SteveTH

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

In the year 2000. I was a passenger in a car with a friend. We were stopped by CHP on the freeway - I think due to my friends illegal limo tinting of the front windows. I guess the CHP saw us scramble a bit to move some weed from the center console to under the seat (or they just assumed and scared us). They searched and found the small amount. They had us cuffed and split us up and I guess tried to trick each other in to saying it was the others. I'm not sure what happened but it resulted in us both getting a ticket and let go.

I'm not sure which we were charged with (either Vehicle Code 23222 instead of Health and Safety Code Section 11357(b)) but I just remember that the notice from the DA said some like "POSSESSION OF LESS THAN 28 GRAMS" and MISDEMEANOR. If that helps any one figure out which code it was. I think the notice gave some options like just paying and going to drug school or appearing in court (IM NOT SURE). I think as dumb kids we just didn't do anything, at the very last minute we decided we better appear on the date in the notice. When we finally got there, our names were no where on the lists, nothing.

We had them stamp our notices and verify we were there, we didn't want any trouble later. However I think the sad part is that by us bringing this to their attention it actually got them to put us back in the system. We got a similar notice to the first one for a new date. Now I'm getting older I can't remember if we went back to court again or not. I don't really remember ever seeing a judge or anything. I just knew that we found out that if we went to some kind of "drug" class that it would either be removed from our record, or maybe not go on our record at all.

We attended the class and it was all vehicle related (so I'm guessing I was charged with CVC 23222 (b) and not the HS code). The crazy thing is that the whole class was information on how to NOT GET CAUGHT. They even had ex-cops and lawyers come on stage and tell us our rights and gave examples of how people beat cases because the cops held someone too long waiting for the k9. I guess we filed the proof of that, I'm not sure really.

I'm looking to get a visa in another country that wants a FBI check to prove no criminal history. It would be really sad if this incident prevented that. I'm in that country now so it's hard at the moment to get the fingerprints done and shipped to US and waiting and all that. So while I wait to get back to the US for this I still want to hear what you guys think are the chances that this is showing up on my FBI report?

1. First and only time offender and I was 18 at the time
2. Never actually booked, no fingerprints, no photos taken
3. Attended the class to prevent record (not sure if this prevented it, or should have caused it to be removed?)
4. Did not get a suspended licenses for 1 year which should have happened if I was convicted of something right?
5. Don't think I've ever been fingerprinted by law enforcement for any reason that I can recall and I don't think provided any SSN or anything to the court. I think they only thing they could really match me by would be full name and DOB. Do these kind of things go in to the FBI NCIC?

Do you think there are any records at all about this on the FBI report?

We were not high at the time and I don't smoke any more, this was a pretty long time ago now.

Any insight would be really helpful. Thanks!
 
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HighwayMan

Super Secret Senior Member
You are trying to get a visa to travel to a country you're already in?

Or

You are trying to get a visa to travel to the US?


If you were charged with a misdemeanor then it will most likely show up in a criminal history.
 

SteveTH

Junior Member
You are trying to get a visa to travel to a country you're already in?

Or

You are trying to get a visa to travel to the US?


If you were charged with a misdemeanor then it will most likely show up in a criminal history.
I'm trying to get a permanent residence visa in another country, that yes, I'm already in as a tourist.

I'm just hoping that things like this are correct:

Yes. In CA the prints will be submitted to both CA DOJ and the FBI for "disqualifying convictions". However, since the possession of marijuana is NOT a disqualifying conviction under CA law, the return that the potential employer will see will simply read: "No disqualifying convictions."

CA is very big on not revealing criminal histories to people. We have to jump through hoops to even get them for law enforcement applicants.

- carl
An FBI clearance in CA will not result in the revealing of arrests, only disqualifying convictions. Arrests might be found if the school distrtict here does a more extensive background check. But, most the districts in CA settle for the DOJ and FBI checks alone.
- Carl
 

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