hs 11357(b)

What is the name of your state? Ca.
Me and my friend where given a ticket for possesion of marijuana under an ounce.( it was more like .5gram) It was my friends weed and he told the cop that it was his but the cop said that we are both going to share the blame. We are going to court together; does it matter if in court my friend says its his weed and not mine? He is willing to state that the weed was his and not mine.
Also
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"). Possession offenders can 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.

My question is the following since its my first offense with no criminal record, I can take the diversion program so that "upon successful completion of a diversion program the charges are dismissed". Does this mean that once I complete the the drug diversion program (many of my friends tell me its an 8hr class at the local community college) will the charge and thus the conviction of the hs11357(b) be dropped from my record?
I do not want this to be on my record and my confusion aries from the following "Possession offenses are expunged from the record after two years under Health and Safety Code Sections 11361.5 and 11361.7."
If the charges are dismissed upon completion of a diversion program would I still have to wait two years so the the possesion can be expunged from my record.
Thanks for any advice
and all the people in californian support S.B.131 so that weed becomes a ticket and not a criminal act!

You CAN both be charged for possession ... convicted is another story. But it can happen and often does. Possession requires, more or less, knowledge and constructive control - it does not require ownership.

And I am not sure whether you would haev to wait two years for the record to be expunged ... my guess is that the record of the "arrest" (and it really is only a citation similar to driving without a license except with fewer penalties) would be eliminated upon completion of diversion, but I do not know for certain.

Carl

Whether anyone will believe you did not possess the pot depends on whether there is evidence that you had "control" over it. Where was it found? In your friend's pocket? In your pocket? Under your seat? If you have a good case that you had no control over it, then you should dispute the charge. As for diversion, the conviction supposedly disappears from your record as soon as you successfully complete your diversion, and you have a right to say you were never arrested. That takes at least a year. However, ultimately, it remains in the computer database forever and may still come back to haunt you in some way. It is still far better than a conviction

my friend had the weed on him, the cop pulled up (we where parked) as he caught out he saw the weed(it was in plain sight) on my friends lap.