The record of a prior drug offense can have a major impact on the defendant. Especially in cases involving felony convictions, individuals may struggle to secure gainful employment, obtain rental housing or qualify for certain forms of educational financial aid.
The removal of a prior criminal offense from an individual’s record can open many opportunities for them. Most of the time, defendants have to follow a very specific procedure to vacate a prior conviction and then remove the records of the offense.
For some individuals with felony drug convictions from 2021 or before, the process can be a bit simpler.
State courts invalidated a prior law
Older felony drug offenses involve violations of a law that the state now views as unconstitutional. Specifically, the prior statute used for many felony drug offenses allowed for the prosecution of individuals who may not have been aware of certain details about the situation and therefore lacked the criminal intent necessary to justify a felony drug conviction.
People accused of serious felonies, including felony drug crimes, generally need to have intended to break the law. Those with older drug offenses on their records could be eligible for redemption procedures that lead to the invalidation of their prior conviction and, therefore, the elimination of their criminal record. Eligible defendants can remove the record of their conviction and could even shorten any current sentence or probation order.
Reviewing drug charges and changes to state law can help people with criminal records evaluate their options. Vacating a conviction and sealing records can lead to expanded opportunities for those with criminal convictions on their records.