I am from Ohio and had about 1 gram of marijuana, a grinder, and a pipe. We were pulled over and the trooper demanded we hand over our "pot" or he would make us wait up to 90mins for dogs then make us spend the night in jail. We were correctly profiled and then taken advantage of. Given the dire circumstances, I opted to give up what I had to get a citation instead. I am going to college to be a high school teacher so my record needs to be clean. I have attained a small understanding of my options but have some questions regarding it. (1.) How does misdemeanor non-disclosure work in Missouri? Can I pay the fine then have it sealed from backround checks? What process do I go through to ensure this? (2.) Could I wait a few years then apply for expungement? (3.) Are there better options?
1) In Missouri, depending on which court this is being prosecuted in, your attorney may be able to negotiate a plea-bargain deal with the prosecutor to get a misdemeanor drug possession charge reduced to "Littering." In other courts where the prosecutors are not so lenient, the best deal you'll be able to get is an SIS (suspended imposition of sentence) and probation, plus possibly completion of a drug education class and community service. It all depends on your criminal history, which court this is in, and the details of your case. If you end up with an SIS and probation, then it's possible that future employers may ask, "Have you ever pleaded guilty to a crime?" If so, then you would have to answer yes to this question because, with an SIS and probation, the defendant is required to appear in court and plead guilty to the original charge. If the defendant successfully completes probation without any violations, then the case is closed and there is no conviction on Defendant's criminal record.
2) No, you can't have a conviction for misdemeanor drug possession sealed or expunged. There are a few types of misdemeanors in Missouri that are eligible for expungement after 10 years of good behavior, but drug-related offenses don't qualify for expungement.
3) These are the only options unless you can afford to hire an attorney to take it to trial and you can prove the search was illegal.
You need to hire an experienced criminal defense attorney who practices in the city or county where this occurred.
(1) Not really. You can enter into a deferred prosecution agreement where your case gets dismissed if you do some things (2) Not under the current law (3) hire an attorney from here who knows how to negotiate for (1) above or can check into the evidence of whether the police performed proper procedures.
Anthony Joseph MuhlenkampCriminal Defense AttorneySaint Louis, MO ·
Do NOT just pay the fine!!! That will be a conviction that will follow you forever. I agree with the other lawyers. There are options but you need to sit down with an attorney and have them explained.
