Drug Trafficking Charges and Expungement
Is drug trafficking considered to be an 85% crime, or can I get it expunged after a pardon? I’m Tulsa Attorney James Wirth that is the question that we have received, that I’ll be answering for you. Is drug trafficking considered an 85% crime, and can you get an expungement on it?
Differentiating Types of Drug Trafficking
Okay, so there’s multiple types of drug trafficking. We have your regular drug trafficking, and you have your aggravated trafficking. It’s just determined on the amount of CDS that is found. And for each type of CDS, whether it’s marijuana, cocaine, fentanyl, whatever it is, by statute in Oklahoma, there’s a certain amount that if they say that you’re in possession of it, they call that trafficking.
And for some drugs, that can be a very small amount, you know, even, you know, measured in grams. But for other ones like marijuana, it can be measured in pounds, it requires quite a bit. But either way, there’s two standards. One, if you have this much, it’s drug trafficking. If you have this much, it’s aggravated trafficking.
Consequences of Aggravated Trafficking
Okay, so aggravated trafficking, if you have that higher amount, that is an 85% crime. It means that you have to serve 85% of your sentence before you’re eligible for parole. And it also means that you cannot get it expunged unless you have a pardon, all right? Similarly, it is also aggravated as a violent offense. Drug trafficking is not a violent offense by statute. Aggravated trafficking is, again, that means you cannot get it expunged unless you get a pardon from the governor.
Expungement Process and Eligibility
So if it’s regular trafficking, though, and you get a conviction, as long as you don’t have too many other convictions, there’s gonna be a problem and the requisite amount of time has passed, then you may be able to get that expunged without a pardon. But if it is aggravated trafficking, you can only get that expunged if you get a governor’s pardon first under Title 22, section 18, subsection four. Any felony record that ultimately is pardoned is then eligible for expungement afterwards.
Schedule Your Legal Consultation
So hopefully that answers your questions there. If you have any other questions or want more specifics related to your circumstances, you wanna talk to an attorney about that privately, confidentially, to get legal advice, you can schedule that with somebody at my office by going online to makelaweasy.com.
