MILWAUKEE (WTAQ) - A suburban Milwaukee man will still have a marijuana possession offense on his record, even though a judge ordered earlier that it be expunged.
A state appeals court ruled Tuesday morning that the conviction remain on Kearney Hemp's record.
The 24-year-old Brookfield man was found guilty in 2010 of possessing pot with the intent to deliver. He served 30 days in jail and was on probation for 18 months -- and at the time of his sentencing, the judge ordered that his conviction be deleted from his record if he served his probation successfully.
However, Hemp's lawyer never filed a request for expungement until late 2012, after he was charged in Walworth County in a new drunk driving and pot possession case. Hemp argued that his expungement should have automatically taken effect when his first sentencing was completed.
The First District Appellate Court ruled 2-1 Tuesday that expungement must be applied for -- and it won't be granted if there are further charges at the time the request is made.
(Story courtesy of Wheeler News Service)