US Legal Forms
Legal Resources
Questions & Answers
Criminal
Does a minor in possession citation count as a criminal conviction in Oregon?

Does a minor in possession citation count as a criminal conviction in Oregon?

Q: Does a minor in possession show up on a background check?

Yes, a minor in possession (MIP) citation can show up on a background check, particularly if it has not been resolved or dismissed. If the citation is successfully cleared through a court program, it typically won't appear as a conviction. However, the specifics can vary based on the type of background check conducted.

Q: How to get rid of an MIP?

To get rid of a minor in possession (MIP) citation in Oregon, you typically need to complete a court-ordered program, such as a drug or alcohol education course. If you fulfill the requirements and do not repeat the offense within a specified time, the court may dismiss the citation, effectively removing it from your record.

Full question:

My daughter recently moved to a dorm in college and received a MIP (minor in possession) citation. She went to court and was offered to take a class that would remove this citation from her record if she successfully completed the course and did not repeat this crime for the year following the citation. This was a one time offer because she has never been in trouble. She is back home now going to college locally (her choice and we agreed) and wants to find part time employment and on the applications they ask if she has ever had a criminal conviction. We live in Oregon. Would this citation that she is in the process of clearing constitute saying yes on the applications that she has a conviction? She is taking a 16 week drug course and is almost half way completed. She was a foolish teen that is now aware of the price for stupidity and how valuable your reputation is. She is also basically a pretty good girl who made a poor choice and has learned some pretty good lessons.

Category: Criminal
Date: 04/07/2025
State: Oregon

Answer:

In some cases, a judge may grant a deferred adjudication, allowing a person to complete certain conditions to have the charges dismissed. If your daughter successfully completes her drug course and does not repeat the offense within a year, she can truthfully answer 'no' when asked about prior convictions. However, some applications may specifically ask if she has ever been placed on deferred adjudication, to which the answer would be 'yes.' In Oregon, under ORS 137.533, if a person pleads guilty to a misdemeanor and meets specific criteria, the court can defer proceedings and place them on probation without entering a judgment of guilt. If they fulfill the probation terms, the court dismisses the proceedings without a conviction, meaning it does not count as a criminal conviction for legal purposes. This means she can answer 'no' to most questions regarding criminal convictions after completing her course and fulfilling her probation terms.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Will a MIP show up on background check?

A minor in possession (MIP) citation may show up on a background check, depending on how the case is handled. If the citation is dismissed after completing a court-ordered program, it typically won't appear as a conviction. However, if the case remains unresolved or if the individual does not meet the conditions set by the court, it may be visible. It's important to check the specific background check policies of the employer or organization.

Can you get kicked out of college for MIP?

Yes, a minor in possession (MIP) citation can lead to disciplinary action from a college or university, including potential expulsion. Each institution has its own code of conduct and policies regarding alcohol-related offenses. It's advisable for students to review their school's policies and seek guidance if they face such a situation.

Can a MIP be removed from your record?

In Oregon, a minor in possession (MIP) citation may be removed from your record if you successfully complete a court-ordered program and meet other conditions. This process is often referred to as a deferred adjudication. Upon fulfilling these requirements, the court can dismiss the citation, meaning it won't count as a criminal conviction.

Does a minor in possession show up on a background check?

How to get rid of an MIP?

Will an MIP affect college?

A minor in possession (MIP) citation can potentially affect a student's college experience, including their ability to participate in certain activities or receive financial aid. Colleges may have policies addressing alcohol-related offenses, so it's important for students to understand the implications and seek support if needed.