Expungements for Young Drug Offenders in New Jersey
Palisades Park NJ Expungement Lawyers
The Superior Court of New Jersey has the authority to expunge the record of a criminal arrest or conviction in the State of New Jersey. Once the court enters an expungement order, the criminal offense is deemed to never to have happened. A person may legally respond with the answer of “no” to any questions asking whether he or she has ever been arrested, convicted, or charged with a crime or disorderly person offense. Additionally, a criminal background check will indicate that the person has no criminal record. (The only exceptions are applications for a job as a law enforcement officer or in the judicial branch of government.)
Although it is possible to represent yourself during an expungement process, hiring an experienced attorney assures you that your case will be submitted, argued, and resolved as efficiently as possible. At The Tormey Law Firm, with offices in Hackensack, New Jersey, we often represent individuals who seek to have their New Jersey criminal records expunged. We pride ourselves on providing personal, individual, and aggressive representation to combat your criminal or DWI charges. Contact our offices at (201)-330-4979 for a stress-free, cost-free consultation.
Expungements for Young Drug Offenders in New Jersey: N.J.S.A. 2C:52-5
An expungement of a drug offense for individuals under the age of 21 is governed by N.J.S.A. 2C:52-5, which provides, in pertinent part:
§ 2C:52-5. Expungements for Young Drug Offenders
Notwithstanding the provisions of sections 2C:52-2 and 2C:52-3, after a period of not less than one year following conviction, termination of probation or parole or discharge from custody, whichever is later, any person convicted of an offense under chapters 35 or 36 of this title for the possession or use of a controlled dangerous substance, convicted of violating P.L.1955, c. 277, § 3 (C. 2A:170-77.5), or convicted of violating P.L.1962, c. 113, § 1 (C. 2A:170-77.8), and who at the time of the offense was 21 years of age or younger, may apply to the Superior Court in the county wherein the matter was disposed of for the expungement of such person’s conviction and all records pertaining thereto. The relief of expungement under this section shall be granted only if said person has not, prior to the time of hearing, violated any of the conditions of his probation or parole, albeit subsequent to discharge from probation or parole, has not been convicted of any previous or subsequent criminal act or any subsequent or previous violation of chapters 35 or 36 of this title or of P.L.1955, c. 277, § 3 (C. 2A:170-77.5) or of P.L.1962, c. 113, § 1 (C. 2A:170-77.8), or who has not had a prior or subsequent criminal matter dismissed because of acceptance into a supervisory treatment or other diversion program.
This section shall not apply to any person who has been convicted of the sale or distribution of a controlled dangerous substance or possession with the intent to sell any controlled dangerous substance except:
(1) Marijuana, where the total sold, distributed or possessed with intent to sell was 25 grams or less, or
(2) Hashish, where the total amount sold, distributed or possessed with intent to sell was 5 grams or less.
Expungements of Drug Offenses for those Under 21
The youthful drug offender expungement exception has several requirements:
- Possession or use of a Controlled Dangerous Substance (CDS) conviction
- Defendant was under 21 years old at the time of the offense
- No other criminal convictions
- Defendant completed all the conditions of the court without issue
The statute also has an exception if the conviction was for distribution of a small amount of marijuana or hashish.
If you are eligible based on the above requirements, you can file an expungement to have these drug offenses removed from your record. Contact our Hackensack offices anytime at (201)-330-4979 for a free consultation.