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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 32154
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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my daughter was arrested 5/2008 and spent the night in jail.

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my daughter was arrested 5/2008 and spent the night in jail. She went before the judge and she sentenced my daughter to a year of probabtion. She was twenty. My question is when can she stop saying that she has been convicted of this on applications?
Did she get a deferred adjudication or a regular conviction? Did he have a lawyer? What was she convicted of?
Customer: replied 4 years ago.
I am not sure. She was arrested for smoking marijuana at the apt The Grove in Las Cruces. 15 kids there only three (including my daughter) were taken to jail. She doesn't know why she was one of the ones taken to jail. She spent the night and saw the judge in jail. A bunch of people were taken to a room and the judge sentenced them to one year supervised probabtion. She went into the court house once a month for three months to check in. Then she called in the rest of the months. She also attended two classes on drugs. She did not call us (her parents) and did not have a lawyer. Possenion (not spelled correctly) of marijuana.
Convictions stay on the record forever unless they are expunged or a pardon is granted.

I'm not sure why you aren't seeing anything in the country records. What you may want to do is hire a lawyer to look at the paperwork in her case and see if it was a regular conviction or a deferred adjudication. Once you find that out, which should be pretty cheap, you can talk to them about how to clear the record. It may be anywhere from fairly simple to extremely complicated depending on what type of conviction she has.

However, until the conviction is cleared she would always have to state that she has a conviction if the question is asked. It would be a misdemeanor conviction, but still a conviction of a criminal offense.

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Customer: replied 4 years ago.
Thank you so much. I appreciate how quickly you answered and so truthfullly.
You're quite welcome and best wishes to you and your daughter. I know it is hard on a parent and she now regrets not contacting you first.

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