Caught in Nebraska with less than an ounce...should I be worried?

[newguy12345]

Hello all,

I'm new here and I'm seeking insights regarding marijuana and background checks.

To begin, I have a good job and I smoke MJ occasionally. My company asked me to make a cross country move from the West Coast to the East Coast. I happily agreed.

On my way, I was pulled over in Nebraska and the police found less than an ounce of MJ in my car. They wrote me a ticket for $300 and let me go.

Right now, I'm worried about background checks. I have never lived in Nebraska nor do I have a Nebraska license plate.

According to NORML.org, my offense is a "civil citation." (http://norml.org/pdf_files/state_penalties/NORML_NE_State_Penalties.pdf) In all the research I've done, I can't find a single reason why this incident would appear on a background check.

My fear is that I'm wrong. When I called the courthouse to verify that they received my payment, the county clerk mentioned my ticket was a misdemeanor...is this correct? Was she wrong? Was she doing this to mess with my head?

Any clarification would be appreciated! I'm freaking out here!

[newguy12345]

anybody?

[TheHonorary]

I don't know much about the legal system but I'm just curious how it is that they found found the weed.

[GoldenGraham84]

when in doubt, assume the worst. i also am subjected to yearly background checks. a coworker of mine had almost the same incident happen to him. when time came for his next check, he went to HR and stated his case. he described everything accurately and honestly. HR wasn't happy, but he's a good employee, so they subject him to UAs every 3 months. he subs the urine and still smokes. i'm not saying that it will be this easy for you, but being honest and up front goes a long way. best of luck sir.

stay safe
-GG84

[theforthdrive]

yeah, that sucks! Your best advice if your really worried about it is to just spend the money and hire and lawyer. Not only can he answer you questions but my be able to get a minor offense expunged from any record in the state.

[painretreat]

4th drive, makes sense to me!

If you are pretty young, you would want to do all you can to get it out. With the Internet and information getting out--if you don't want this out, a lot of states have low cost lawyers for this. It would be worth it.

Who knows, you may want to work for the Prez., join the Nat'l Guard or something (assuming you are pretty young). To be safe, you could run for Prez. In fact, does the president even take a test himself? I doubt it. So, why should anyone else. Good luck and keep us informed pleaz??? pr :rastasmoke:

[geoluv]

what gave them the right to search?

im really interested. help others out with a heads up.

also, if they say its a misdemeanor it probably is. its only a "disorderly persons" offense in the decriminalized states. luckily the two times i was busted they were both in new jersey. the fine is heavier; 800 bucks, but the charge is lesser, doesnt show up on anything but the most invasive of background checks, in other words they would have to go deep enough to see my traffic tickets too.

i dont know where you work or how hardcore the background checks are, just find out if they check for misdemeanors, most places dont, they only check for felonies.

also you should check for a clause in your states criminal code called a "conditional discharge", if you apply for it and are granted one, you will pay the fine the same, but the charge will be in limbo for a year and after a year if you dont get any more charges then they drop the weed charge. its as if it never happend, aside from your lightened pocketbook.

oh, and if your work cares about you getting high in the off hours even though you do fine at work, fuck em. dont work for em. dead serious, find a company that actually gives a shit about its employees and not getting the absolut cheapest price possible on health insurance. if they tell you weed is grounds for termination tell them that is stupid unless smoking tobacco is too.

[NSTassel]

The clerk was wrong, don't worry. In December, Nebraska changed its laws and increased the penalty for under an ounce of weed to a fine of $300, but rejected a portion of the bill to criminalize possession. You were given a civil fine, nothing more. Definately not a misdemeanor.