Expungement for Young Drug Offenders in New Jersey

A Special Expungement Route for Certain Drug Offenses Committed at Age 21 or Younger

New Jersey law provides a separate expungement provision for certain individuals who committed qualifying drug offenses when they were 21 years old or younger.

This provision, N.J.S.A. 2C:52-5, can be significant because it permits an eligible person to seek expungement after a substantially shorter period than the waiting period ordinarily associated with many criminal convictions.

Age alone, however, does not establish eligibility.

The type of drug offense, the person’s prior and subsequent history, compliance with probation or parole, and certain diversionary dispositions can all affect whether the special young-drug-offender provision is available. The expungement attorneys at The Tormey Law Firm, with an office in Hackensack, review these records for clients throughout Bergen County and New Jersey. Call (201)-330-4979 for a free consultation.

Who Qualifies as a Young Drug Offender for Expungement Purposes?

The critical age is the person’s age when the offense occurred.

N.J.S.A. 2C:52-5 applies to a person who was 21 years of age or younger at the time of the qualifying offense.

The statute principally covers qualifying offenses under Chapters 35 and 36 of New Jersey’s criminal code involving possession or use of a controlled dangerous substance, such as drug possession, being under the influence, or possession of drug paraphernalia. It also references certain offenses under older statutes.

A person does not need to still be 21 or younger when seeking the expungement. It is the age at the time of the offense that matters.

How Long Is the Waiting Period?

For someone who satisfies the requirements of N.J.S.A. 2C:52-5, the waiting period is at least one year.

The statute measures that period from the latest applicable event:

• The conviction;
• Termination of probation or parole; or
• Discharge from custody.

Whichever occurred last controls the calculation.

This special one-year provision can make N.J.S.A. 2C:52-5 significantly different from the ordinary expungement rules applicable to many adult convictions.

Are All Drug Offenses Eligible?

No.

N.J.S.A. 2C:52-5 is primarily directed at qualifying possession or use offenses. Convictions for selling or distributing a controlled dangerous substance, or possessing a controlled dangerous substance with intent to sell, generally do not qualify for this special provision.

The statute contains limited exceptions for certain marijuana and hashish offenses.

Under the current statute, the young-drug-offender provision can apply to an otherwise qualifying conviction involving the sale, distribution, or possession with intent to sell:

• Marijuana, where the total amount was less than one ounce; or
• Hashish, where the total amount was less than five grams.

A distribution or possession-with-intent conviction involving another controlled dangerous substance does not become eligible under N.J.S.A. 2C:52-5 merely because the defendant was 21 or younger.

The exact offense, substance, and amount therefore matter.

Do Prior or Later Convictions Affect Eligibility?

Yes. The special one-year pathway contains strict limitations.

N.J.S.A. 2C:52-5 requires, among other things, that the applicant not have been convicted of a previous or subsequent criminal act or a previous or subsequent violation of the provisions identified by the statute.

That makes a complete criminal-history review important.

Someone may have committed an otherwise qualifying possession offense while 21 or younger and satisfied the one-year timing requirement, yet still be unable to use this particular expedited provision because of another matter on the record.

That does not necessarily determine whether another form of expungement is available. Eligibility under the special young-drug-offender statute should be distinguished from eligibility under New Jersey’s other expungement provisions.

What If the Person Violated Probation or Parole?

Compliance with probation and parole is another express requirement.

The special relief provided by N.J.S.A. 2C:52-5 is available only if the person has not violated the conditions of probation or parole before the expungement hearing, including a violation occurring after discharge.

This requirement is easy to overlook if someone focuses only on age, offense, and the one-year waiting period.

The supervision history should therefore be reviewed before relying on the young-drug-offender provision.

Can a Prior or Subsequent Diversionary Matter Affect Eligibility?

Yes.

N.J.S.A. 2C:52-5 expressly restricts use of this particular expungement provision when the person has had a prior or subsequent criminal matter dismissed because of acceptance into supervisory treatment or another diversion program.

This is different from saying that every diversionary disposition of any kind automatically creates the same result. The nature and classification of the prior or subsequent matter should be reviewed before determining whether the statutory restriction applies.

The important point is that a case ending without a traditional conviction is not necessarily irrelevant to eligibility under the young-drug-offender statute.

A person who cannot use N.J.S.A. 2C:52-5 because of another disposition may still need to be evaluated under a different expungement provision.

Does Being a Young Drug Offender Shorten the Waiting Period After PTI or Diversion?

The one-year young-drug-offender provision and the rules governing diversionary dismissals address different situations.

N.J.S.A. 2C:52-5 applies to a qualifying drug conviction involving a person who was 21 years old or younger when the offense occurred.

When charges are dismissed following successful completion of Pretrial Intervention, Conditional Discharge, or Conditional Dismissal, N.J.S.A. 2C:52-6 generally provides the applicable expungement rule. Under that provision, six months must pass after entry of the dismissal order before expungement may be sought on that basis.

Accordingly, a young person whose qualifying drug charge was resolved through one of those diversionary programs does not have to wait one year simply because N.J.S.A. 2C:52-5 contains a one-year period. The young-drug-offender statute addresses convictions; the diversion provision addresses qualifying dismissals.

In practical terms, the disposition controls. A qualifying young-drug-offender conviction may fall under the special one-year provision, while a qualifying PTI, Conditional Discharge, or Conditional Dismissal generally follows the six-month rule applicable to that dismissal. Learn more about expungement after PTI or conditional discharge.

Young Drug Offender Expungement and Juvenile Records Are Not the Same Thing

The phrase “young drug offender” can create confusion because it does not necessarily mean that the case was a juvenile matter.

N.J.S.A. 2C:52-5 is based on the person’s age at the time of a qualifying drug offense. Juvenile delinquency records, by contrast, are separately addressed by N.J.S.A. 2C:52-4.1.

For purposes of expunging an individual juvenile adjudication, the conduct is classified according to what the act would have constituted if committed by an adult. Depending on that classification, the adjudication is analyzed under the expungement provision applicable to a crime, a disorderly or petty disorderly persons offense, or a municipal ordinance violation.

N.J.S.A. 2C:52-4.1 also provides a separate pathway for expungement of an individual’s entire record of juvenile delinquency adjudications when its requirements are satisfied.

When Can an Entire Juvenile Record Be Expunged?

The entire-record provision has its own eligibility requirements.

Among them, at least three years generally must have elapsed since the applicable final discharge from legal custody or supervision, or since the applicable court order where custody or supervision was not involved.

The statute also examines the person’s record during the three years before filing. It requires, among other things, that the person not have been convicted of a crime, disorderly persons offense, or petty disorderly persons offense, or adjudged delinquent or in need of supervision, during that period, and that no proceeding or complaint seeking such a conviction or adjudication be pending.

The statute further prohibits use of the entire-record pathway where the person was adjudicated delinquent for conduct that, if committed by an adult, would constitute a crime that is not subject to expungement under N.J.S.A. 2C:52-2.

Additional restrictions concern prior adult expungements and adult diversionary dispositions.

For that reason, expunging an entire juvenile history involves a different analysis from expunging a qualifying young-drug-offender conviction under N.J.S.A. 2C:52-5.

Can Adult Diversion Affect Expungement of an Entire Juvenile Record?

Yes.

This is an important restriction contained in N.J.S.A. 2C:52-4.1.

To qualify for expungement of an entire record of juvenile delinquency adjudications under that provision, the person must never have had adult criminal charges dismissed following completion of supervisory treatment or another diversion program.

As a result, an adult diversionary disposition can affect whether the person is eligible to use the broad entire-juvenile-record expungement provision.

This does not necessarily mean that every individual juvenile adjudication becomes permanently ineligible for expungement. N.J.S.A. 2C:52-4.1 separately provides for expungement of individual juvenile adjudications according to the classification the conduct would have received if committed by an adult.

The distinction between expunging an individual juvenile adjudication and expunging an entire juvenile record is therefore important.

Does a Juvenile Adjudication Automatically Bar a Later Adult Expungement?

No.

A juvenile adjudication is not automatically transformed into an adult criminal conviction merely because the underlying conduct would have constituted a crime if committed by an adult.

The New Jersey Supreme Court addressed this issue in In the Matter of the Expungement Application of D.J.B. The Court held that the classification language in N.J.S.A. 2C:52-4.1(a) applies to the expungement of juvenile adjudications and does not convert a juvenile adjudication into a prior adult “crime” that automatically bars expungement of a later adult conviction.

This distinction is important when a person’s history contains both juvenile and adult matters. The effect of each record should be determined under the statute governing the particular expungement being sought.

What About Juvenile History and Adult Diversion?

Whether a juvenile history affects admission into PTI or another adult diversionary program is a separate question from whether the juvenile record can be expunged.

A juvenile adjudication should not simply be treated as an adult criminal conviction for expungement purposes. Adult diversion programs also have their own eligibility requirements and decision-making standards, under which prior history may be relevant.

The existence of a juvenile adjudication therefore should not be described as an automatic bar to every form of adult diversion without examining the particular program and circumstances.

This should be distinguished from the express expungement rule discussed above: an adult diversionary disposition can prevent a person from later using the entire-juvenile-record pathway under N.J.S.A. 2C:52-4.1.

Special Treatment of Certain Marijuana and Hashish Records

New Jersey’s more recent marijuana expungement laws add another layer to the analysis.

Certain marijuana and hashish records receive specialized treatment under provisions separate from the traditional young-drug-offender statute. Those provisions can extend to qualifying juvenile adjudications as well as adult matters.

Depending on the particular offense and disposition, a marijuana or hashish record may therefore be subject to specialized expungement or sealing provisions without relying exclusively on N.J.S.A. 2C:52-5.

An older marijuana case should not automatically be analyzed solely under the traditional young-drug-offender statute. The exact statute, quantity, disposition, and circumstances should first be identified so that the appropriate expungement provision can be determined. Learn more about marijuana expungement in New Jersey.

What If the Young Drug Offender Provision Does Not Apply?

Failure to qualify under N.J.S.A. 2C:52-5 does not necessarily mean the conviction can never be expunged.

The statute creates a specialized, expedited avenue for a defined category of drug offenses. New Jersey’s broader expungement statutes contain other pathways with different waiting periods and eligibility requirements.

For example, a drug conviction that cannot be cleared through the one-year young-drug-offender provision may need to be analyzed under the ordinary rules governing indictable or disorderly persons convictions. Certain marijuana records may also receive specialized treatment under other provisions.

The reason a person fails to qualify under N.J.S.A. 2C:52-5 can therefore be important in determining whether another route remains available.

Where Is a Young Drug Offender Expungement Filed?

Current N.J.S.A. 2C:52-5 permits a qualifying application to be presented to the Superior Court in the county where the person resides or in the county where the conviction was disposed of.

What Should Be Reviewed Before Filing?

Evaluating a potential young-drug-offender expungement may require determining:

• The person’s age on the date of the offense;
• The exact statute of conviction;
• Whether the offense involved possession, use, distribution, or possession with intent to distribute;
• The substance and quantity involved;
• The date of conviction;
• When probation or parole ended;
• When the person was discharged from custody, if applicable;
• Whether there were any probation or parole violations;
• Whether there are prior or subsequent criminal or drug convictions;
• Whether another matter was resolved through supervisory treatment or another diversion program;
• Whether the record includes juvenile adjudications; and
• Whether another expungement provision provides a better or alternative route to relief.

A complete history is particularly important because N.J.S.A. 2C:52-5 combines an unusually short waiting period with relatively strict eligibility requirements.

New Jersey Young Drug Offender and Juvenile Record Expungement Attorneys

New Jersey provides a special expungement pathway for certain drug offenses committed by individuals who were 21 years old or younger, but eligibility depends on much more than age.

The attorneys at The Tormey Law Firm handle expungement matters throughout New Jersey. We can review the offense, the applicant’s age at the time of the conduct, supervision history, prior or subsequent convictions, diversionary dispositions, and juvenile record to determine which expungement provision may apply.

We also assist with juvenile-record expungements, traditional criminal and disorderly persons expungements, diversionary dismissals, municipal ordinance matters, Clean Slate applications, marijuana-related records, and other New Jersey expungement issues.

To discuss a young-drug-offender conviction, juvenile adjudication, or other record and determine which expungement options may be available, call (201)-330-4979 or fill out our online contact form. Consultations are always provided free of charge.