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Is this a drug felony or what?

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  • Is this a drug felony or what?

    ** I'm sorry if this isn't the right forum to post this in. If it isn't, feel free to move it! **

    When I was 17, I pleaded no contest to possession of a prescription drug, a Kansas level 6 non-person felony charge. I got sentenced to a year of probation, 6 months AA, community service, and some fines and whatnot. (Which is all done)

    I was looking at my journal entry earlier, and it is stated on there that the felony was a NON-PERSON felony, and not a DRUG felony. (Yes, there is a difference according to the courts here.) If this is the case, my record should be sealed and only a district judge can open it back up in the case I happen to perform another felony act. I wouldn't have to mark on a job application that I was convicted of a felony.

    Now, my question is.... Is this a drug felony or not? The court journal entry doesn't have it marked as a drug felony, but I was in possession of a prescription "drug".

    Thanks in advance for all those who give their input.
    You can pick your friends...
    You can pick your nose...

    But you can't pick your friend's nose!

  • #2
    Yes, you were convicted of a felony. Whether or not the record of the conviction was sealed, it's still a conviction. Now, I don't suppose that for any average job, a background check would reveal this. However, if you're asking in reference to a law enforcement job (and I don't know if you are...you didn't specify), then there's nothing that a good BI can't find. Including "sealed" convictions.
    "He who fights with monsters might take care lest he thereby become a monster. And if you gaze for long into an abyss, the abyss gazes also into you."
    -Friedrich Nietzsche

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    • #3
      Sealed or not...you'll have to admit to it because it's going to come up in the BI. No way around it.
      sigpic

      I don't agree with your opinion, but I respect its straightforwardness in terms of wrongness.

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      • #4
        Originally posted by sirjared View Post
        If this is the case, my record should be sealed and only a district judge can open it back up in the case I happen to perform another felony act. I wouldn't have to mark on a job application that I was convicted of a felony.
        Most LE background questionnaires I've seen ask about charges and convictions regardless of whether they have been sealed or expunged. Guess what? The record sealed records prevent access by the general public, but when a cop runs you through NCIC you would still show an arrest, conviction, and disposition for that case. How do you think anyone would know to ask a judge to "unseal" you previous case if you were arrested again?

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        • #5
          If the court docs show it is a non-person felony, they that is probably correct. As stated by the others, a felony is a felony and it needs to be put down no matter what. If you are thinking of applying for a LEO job, you have to put it down or you won't pass the poly and the BI WILL find out about it. Don't matter if you were a juvi at the time or not. If you give me the statute, I can tell you what it should have been and maybe that was part of the plea or it may actually be a non-person felony. The statute will begin with 65-.... if it is a drug crime. Let me know and I can tell you. You can PM me if you want.
          "In God we trust, all others we run NCIC"

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          • #6
            Drug Felony

            Originally posted by sirjared View Post
            ** I'm sorry if this isn't the right forum to post this in. If it isn't, feel free to move it! **

            When I was 17, I pleaded no contest to possession of a prescription drug, a Kansas level 6 non-person felony charge. I got sentenced to a year of probation, 6 months AA, community service, and some fines and whatnot. (Which is all done)

            I was looking at my journal entry earlier, and it is stated on there that the felony was a NON-PERSON felony, and not a DRUG felony. (Yes, there is a difference according to the courts here.) If this is the case, my record should be sealed and only a district judge can open it back up in the case I happen to perform another felony act. I wouldn't have to mark on a job application that I was convicted of a felony.

            Now, my question is.... Is this a drug felony or not? The court journal entry doesn't have it marked as a drug felony, but I was in possession of a prescription "drug".

            Thanks in advance for all those who give their input.
            You have been convicted of a felony. The title of the felony is really immaterial. In all likelihood, it will be a DQ if you're applying to a law enforcement agency. Keep in mind as well, and this has been mentioned already, that in a police Background Investigation, there is no such thing as an expungement, or a sealed record.

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            • #7
              So even though this happened as a juvenile, I still have to say to my employers I have been convicted of a felony? I know that any BI can look it up and see what I have done, and what my punishment was. I'm just trying to figure out whether or not this was a "drug" felony, or just a possession felony.

              Here is the statute (that I was convicted for) for those who would like to see:
              21-4215. Obtaining a prescription-only drug by fraudulent means for resale. (a) Obtaining a prescription-only drug by fraudulent means for resale is the obtaining of a prescription-only drug by fraudulent means as defined in K.S.A. 21-4214, and:

              (1) Selling the prescription-only drug so obtained;

              (2) offering for sale the prescription-only drug so obtained; or

              (3) possessing with intent to sell the prescription-only drug so obtained.

              (b) Obtaining a prescription-only drug by fraudulent means for resale is a severity level 6, nonperson felony.

              (c) The provisions of this section shall not be applicable to prosecutions involving prescription-only drugs which could be brought under the uniform controlled substances act and to which the provisions of K.S.A. 65-4127a or 65-4127b or K.S.A. 1995 Supp. 65-4160 through 65-4164, and amendments thereto, would be applicable.
              You can pick your friends...
              You can pick your nose...

              But you can't pick your friend's nose!

              Comment


              • #8
                Honestly I'm confused at why you could not get that bumped down to a misdemeanor. Any idiot attorney could easily get that down to a misdemeanor. (Assuming you didn't already have a record)

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                • #9
                  Originally posted by sirjared View Post
                  So even though this happened as a juvenile, I still have to say to my employers I have been convicted of a felony? I know that any BI can look it up and see what I have done, and what my punishment was. I'm just trying to figure out whether or not this was a "drug" felony, or just a possession felony.

                  Here is the statute (that I was convicted for) for those who would like to see:
                  What we're trying to tell you is that you were convicted of a felony. You can question, rationalize, explain, wonder, etc. but when the smoke clears, and the dust settles, you were convicted of a felony. What you tell a prospective employer in the private sector, is up to you. What I would suggest is that you're honest regarding the charge. If it was as a juvenile, say so. Chances are, you'll have an opportunity to explain the circumstances surrounding the charge. Unless your record is changed to reflect a misdemeanor conviction, it will show a felony conviction. I really don't know if a modification of your record is possible. If it is, it has to be done by judicial action.

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