There is an exception to the general prohibition against sealing when a periods of probation was imposed. This exception is for first offense drug possession charges.
In order to seal a drug charge, the following 4 conditions must be met:
- The person has not previously been convicted of a violation of a drug offense or other provision of the law relative to narcotic drugs or harmful drugs as defined in the relevant statute, or convicted of a felony under the laws of any state or of the United States relating to such drugs;
- The person has had his case continued without a finding (CWOF) to a certain date, or has been convicted and placed on probation;
- The person has not violated any of the conditions of the CWOF or probation, and;
- The period of probation has ended.
If the above 4 conditions have been met, the person can immediately petition the court to seal the first-offense drug possession charge. You need not wait 10 or 15 years to seal.