# Drug Laws

**URL:** <https://boards.straightdope.com/t/drug-laws/638074>\
**Category:** Factual Questions\
**Created:** [October 17, 2012, 10:20pm UTC](https://boards.straightdope.com/t/drug-laws/638074 "2012-10-17T22:20:55Z")\
**Posts on this page:** 6\
**Page:** 1

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**Author:** ![DJG311](https://avatars.discourse-cdn.com/v4/letter/d/f1d935/32.png) [@DJG311](https://boards.straightdope.com/u/DJG311)\
**Post date:** [October 17, 2012, 10:20pm UTC](https://boards.straightdope.com/t/drug-laws/638074/1 "2012-10-17T22:20:55Z")

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I have a friend who was convicted 2 or 3 years ago on felony marijuana charges in Florida. He says ttthe judge told him that if he moved to a state(California)where it was not a crime or least not a felony then Florida would take the felony conviction off his record. Is this possible?

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**Author:** ![GiantRat](https://avatars.discourse-cdn.com/v4/letter/g/e47c2d/32.png) [@GiantRat](https://boards.straightdope.com/u/GiantRat)\
**Post date:** [October 18, 2012, 2:30am UTC](https://boards.straightdope.com/t/drug-laws/638074/2 "2012-10-18T02:30:51Z")

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A felony is a felony. Some states may not think of it as such a big deal as others, but it is what it is. The Lautenberg (sp?) Act comes to mind, for example. And for work purposes, darn near every business I can think of is engaged in interstate commerce of some kind, which means that Federal and multi-state restrictions will apply.

Committing felonies is a pretty bad idea, from both personal and professional perspectives.

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**Author:** ![md2000](https://avatars.discourse-cdn.com/v4/letter/m/73ab20/32.png) [@md2000](https://boards.straightdope.com/u/md2000)\
**Post date:** [October 18, 2012, 6:30pm UTC](https://boards.straightdope.com/t/drug-laws/638074/3 "2012-10-18T18:30:14Z")

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Seriously? Is that all it takes to get a conviiction off your record? And if you move back to Florida after that, then what? you’re entitled to vote again?

I agree, likely BS.

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**Author:** ![Si\_Amigo](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/si_amigo/32/2877_2.png) [@Si\_Amigo](https://boards.straightdope.com/u/Si_Amigo)\
**Post date:** [October 18, 2012, 7:01pm UTC](https://boards.straightdope.com/t/drug-laws/638074/4 "2012-10-18T19:01:13Z")

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I have never heard of judge giving serious legal advice; maybe a piece of his mind, but not serious legal advice (other than get a lawyer). Still a judge may be able and willing to vacate a judgement if you agree to leave the state and not come back. Your friend should talk to an attorney.

A felony conviction doesn’t magically go away when you leave a state; background searches are nationwide. Heck even Canada can tell that you are a felon and deny you entrance.

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**Author:** ![TriPolar](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/tripolar/32/3008_2.png) [@TriPolar](https://boards.straightdope.com/u/TriPolar)\
**Post date:** [October 18, 2012, 7:18pm UTC](https://boards.straightdope.com/t/drug-laws/638074/5 "2012-10-18T19:18:03Z")

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> [@Si\_Amigo](#):
>
> Still a judge may be able and willing to vacate a judgement if you agree to leave the state and not come back.

I could see that being the intent of the judge’s words. But it would be difficult to enforce. A judge told me to get out of Dade county and never return. I did leave a couple of days later, but I’ve been back many times.

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**Author:** ![pkbites](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/pkbites/32/204_2.png) [@pkbites](https://boards.straightdope.com/u/pkbites)\
**Post date:** [October 18, 2012, 9:21pm UTC](https://boards.straightdope.com/t/drug-laws/638074/6 "2012-10-18T21:21:43Z")

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> [@GiantRat](#):
>
> A felony is a felony. Some states may not think of it as such a big deal as others, but it is what it is. The Lautenberg (sp?) Act comes to mind, for example.

The [Assistant Attorney General](https://wilenet.org/secure/html/legal-drawer/dear-dave/dd-weapons-uof.htm) of my state disagrees with you:  
\*  
Dear Dave:  
Would a felony conviction in Minnesota be considered a felony in Wisconsin? This question stems from a subject receiving a felony drug convection in Minnesota. He now has possession of numerous firearms here in WI where he is a resident. I thought a felony conviction is a felony and the same rules apply where ever you live in the US.\*  
\*\*  
Dear MN Felony is WI Ordinance Violation:  
Thanks for your question.

The applicable statute is 941.29(1). The prohibition exists for any person convicted of a felony in this state, or for a crime in another state that would be felony in this state. So it is not as simple as you suggest; if the charge is a felony in Minnesota but the charge would be a misdemeanor in Wisconsin, then that person can lawfully possess a firearm.  
\*\*
