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Im in a middle of a custody battle and I have a passion of a…

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im in a middle of...
im in a middle of a custody battle and I have a passion of a controlled substance charge from 5years ago how often does the court go back that far if I completed my two years probation, inpatient rehab, one year out patient treatment. have not been in trouble since the baby dad found out and got the judge to order me t a drug test and a eval. my question is it to late to have that expunged form my record.
Submitted: 2 years ago.Category: Family Law
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3/1/2016
Family Lawyer: FamilyAnswer, Lawyer replied 2 years ago
FamilyAnswer
FamilyAnswer, Lawyer
Category: Family Law
Satisfied Customers: 33,340
Experience: 10 + years of handling Family Law, Divorce, Child Custody and Child Support cases
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Good morning. I certainly understand the situation and your concern. A Judge will note this and do exactly what is being done now and that is order you submit to a drug test and evaluation and if concerned, order random testing, going forward. The Judge is always going to act in the best interest of the child, so they will want to make sure you are staying clean and that drugs are not an issue nor will effect the child, if in your care. As far as expungement goes, in cases resulting in either a dismissal or acquittal, the court can enter an order expunging the record of the case.

The only two other times the Court would consider expunging a criminal record are if:

  1. The outcome of the case is a “Deferred Judgment” (not a conviction) and the person has successfully completed the terms of the deferment, or
  2. The conviction is for Public intoxication, Consumption, or Underage possession of alcohol and the person has not had any new convictions for at least two years after the conviction.

As such, you may not be eligible for it. Please let me know if you have any follow up questions or need any clarification on something which I stated above. Also, remember to rate my service at the top of this page, before exiting the site, so I can receive credit for my help. I hope you found it to be Excellent! Only rate my answer when you are 100% satisfied. If you feel the need to click either of the two lower ratings to the left, please stop and reply to me. I want to make sure your experience with the site was as pleasurable as possible and that you are satisfied with the help I provided.

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Family Lawyer: FamilyAnswer, Lawyer replied 2 years ago

I just wanted to follow up and see if you had any other questions or needed me to clarify something. I am here to help, so please let me know. Thanks!

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