How Long Does a Possession Charge Stay on My Record?

When you face a possession charge, it's important to understand the lasting impact that can follow you throughout your life. In the United States, certain types of criminal charges, such as possession charges without a formal conviction, can stay on your record indefinitely. This permanence is especially concerning if you were under the age of 18 at the time of the charge.

Understanding the Impact of a Possession Charge

A possession charge is a form of criminal prosecution that can have serious consequences. Unlike a conviction, a possession charge without a formal conviction can still be recorded and, in most jurisdictions, may remain on your record for the rest of your life. This is because, unlike a conviction, the charge is considered an arrest without a conviction and thus the records are often not expunged or sealed.

Arrests Without Conviction

A classic example of an arrest without a conviction is a possession charge that did not result in a trial or a guilty verdict. Even without a formal conviction, if the charge is recorded, it can still affect your life in significant ways. For instance, it can impact your employment opportunities, housing applications, and even your ability to travel. In some cases, it can even affect your immigration status.

Life-Long Impact

Once you turn 18, any drug possession charges that you have on your record will stay with you, and this is true for any subsequent possession charges as well. If you are apprehended for possession of drugs one more time, the pattern will continue, resulting in a criminal record that potentially follows you for life. Unlike traffic offenses, which may be eligible for insurance rate reductions after a certain period, drug possession charges tend to have a more lasting impact and may not be expunged over time.

The Role of Expungement

While a possession charge can stay on your record forever in most cases, there are some actions you can take to mitigate the impact of these charges. One such action is seeking expungement, which is a legal process that allows you to remove a criminal charge from your record. However, the eligibility for expungement varies widely by state and may be dependent on factors such as the severity of the crime, the length of time since the offense, and whether you have a prior criminal history. Additionally, expungement is not always possible or guaranteed.

Key Takeaways

Permanence: Absent expungement, many possession charges remain on your record forever, especially after age 18. Action Against Charges: Seek legal advice to explore the possibility of expungement or other legal remedies. Prevention: Avoid possession charges to prevent a lifelong criminal record.

Understanding the implications of a possession charge and taking proactive steps can help mitigate the long-term effects. If you or someone you know is facing a possession charge, it is essential to consult a legal professional to explore all available options and potentially avoid a permanent stain on your record.