{"id":10909,"date":"2018-09-21T11:38:26","date_gmt":"2018-09-21T11:38:26","guid":{"rendered":"http:\/\/localhost:81\/wordpress\/?p=10909"},"modified":"2018-09-21T11:38:26","modified_gmt":"2018-09-21T11:38:26","slug":"will-cannabis-criminal-records-be-expunged-after-legalization","status":"publish","type":"post","link":"https:\/\/www.nrlawyers.com\/chinese\/will-cannabis-criminal-records-be-expunged-after-legalization\/","title":{"rendered":"Will cannabis criminal records be expunged after legalization?"},"content":{"rendered":"<p>Before October 16, 2018, an adult possessing 30 grams of cannabis is breaking the law. If convicted of possession, that person will have a criminal record.<\/p>\n<p>On and after October 17, 2018, possessing that cannabis will be perfectly legal. But a person\u2019s criminal record for possessing cannabis will remain. This record can only be expunged under certain conditions and with the help of a\u00a0<a href=\"https:\/\/www.nrlawyers.com\/chinese\/\">criminal lawyer<\/a>.<\/p>\n<h3>\n<strong>Why a person<\/strong><strong>\u2019<\/strong><strong>s criminal record for cannabis remain<\/strong><strong>s.<\/strong><\/h3>\n<p>The federal government still strictly enforces the existing law. The law of the land will be upheld until it is changed in October.<\/p>\n<p>Amnesty for anyone convicted of possessing 30 grams of cannabis has been proposed. But the federal government has turned down the chance to grant it. In May 2018, the New Democratic Party brought a motion in Parliament to\u00a0<a href=\"https:\/\/www.680news.com\/2018\/09\/16\/will-criminal-records-pot-convictions-expunged-legalization\/\" target=\"_blank\" rel=\"noopener noreferrer\">pardon anyone convicted of a cannabis offence<\/a>\u00a0that will no longer be illegal after legalization. The motion was soundly defeated, with government members all voting to defeat it.<\/p>\n<p>Public Safety Minister Ralph Goodale said that expunging criminal records for cannabis possession was \u201cnot an item that\u2019s on the agenda at the moment.\u201d<\/p>\n<h3>\n<strong>Suspending a criminal record under the Criminal Records Act.<\/strong><\/h3>\n<p>There is another way. Anyone convicted of a summary offence for possessing 30 grams of cannabis who has served their sentence can apply to suspend their criminal record five years after completing their sentence.<\/p>\n<p>It\u2019s expensive to apply. An application costs $631, but that swells to over $1,600 when an applicant pays more fees for documents and record checks. The 10-step application process is complicated and time-consuming \u2013 and there\u2019s no guarantee the application will be successful.<\/p>\n<p>Suspending a criminal record is a good idea, if a person can afford it. A clear record means that a person has better employment prospects, better health care and other benefits, and can travel into the United States. Ironically, a criminal record for cannabis possession stops people from being able to work in the cannabis industry.<\/p>\n<p>It\u2019s unlikely that there will be a general amnesty for those convicted of possessing 30 grams of cannabis in the near future. A person qualified to apply to have their record suspended should seek the aid of\u00a0<a href=\"https:\/\/www.nrlawyers.com\/chinese\/Drug-Charges\/\">experienced criminal lawyers<\/a>\u00a0to guide them through the application process.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Before October 16, 2018, an adult possessing 30 grams of cannabis is breaking the law. If convicted of possession, that person will have a criminal record. On and after October 17, 2018, possessing that cannabis will be perfectly legal. But a person\u2019s criminal record for possessing cannabis will remain. This record can only be expunged [&hellip;]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[9,31,8,6],"tags":[43],"class_list":["post-10909","post","type-post","status-publish","format-standard","hentry","category-drug-charges","category-drug-manufacturing-cultivation","category-drug-possession","category-drug-trafficking","tag-criminal-defence"],"_links":{"self":[{"href":"https:\/\/www.nrlawyers.com\/chinese\/wp-json\/wp\/v2\/posts\/10909","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.nrlawyers.com\/chinese\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.nrlawyers.com\/chinese\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.nrlawyers.com\/chinese\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.nrlawyers.com\/chinese\/wp-json\/wp\/v2\/comments?post=10909"}],"version-history":[{"count":0,"href":"https:\/\/www.nrlawyers.com\/chinese\/wp-json\/wp\/v2\/posts\/10909\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.nrlawyers.com\/chinese\/wp-json\/wp\/v2\/media?parent=10909"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.nrlawyers.com\/chinese\/wp-json\/wp\/v2\/categories?post=10909"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.nrlawyers.com\/chinese\/wp-json\/wp\/v2\/tags?post=10909"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}