It is important for you to know that in California any person who has been convicted of a nonviolent drug possession offense must receive probation with participation in a drug treatment program under Prop 36. This means that the court will impose appropriate drug testing as a condition of probation, and will require you to complete an appropriate drug treatment program. In addition, the court may impose other requirements, like participation in vocational training, family counseling, literacy training or community service. Upon determination of your financial position, the court may also obligate you to provide financial contribution to the cost of your own placement in a drug treatment program.
After successful completion of your drug treatment, and upon showing that you have substantially complied with all terms of probation, the court will set aside your conviction and dismiss the criminal case against you. Most importantly, except for the two major exceptions, both your arrest and conviction shall be deemed to have never occurred, and either you or the probation department may petition the court for a dismissal of charges at any time after completion of the prescribed course of drug treatment. However, dismissal of your conviction will not permit you to own or possess any concealed firearm. In addition, you will still be required to disclose an arrest and conviction in response to any direct questions contained in any questionnaire or application for public office, for a position as a peace officer, for licensure by any state or local agency, for contracting with the California State Lottery, or for purposes of serving on a jury. In all other circumstances, you may indicate in response to any questions concerning your prior criminal record that you have never been arrested or convicted for the offense.
It is essential to contact an experienced criminal attorney who can provide clarity and quality representation in your criminal matter. Wallin & Klarich has over 30 years of criminal experience. Call (888) 749-0034 to speak to one of Wallin & Klarich’s aggressive and experienced Southern California criminal defense attorneys in California today. Please visit us at www.wklaw.com. We will be there when you call.
