The State of New Jersey is very strict when it comes to the expungement of many drug offenses. However, NJ law provides for some “wiggle room” when it comes to young drug offenders- those under 21 years of age. To gain a clear understanding of expungement eligibility for young drug offenders, please see the following statute and our brief analysis below. The attorneys at the Law Offices of William A. Proetta have a great deal of experience in expungement petitions and look forward to assisting you in clearing your criminal record.
N.J.S.A.§ 2C:52-5. Expungement of records of 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, or convicted of violating P.L. 1962, c. 113, § 1, 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 or of P.L. 1962, c. 113, § 1, 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) Marihuana, 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.
Seaside Expungement Attorneys
As you can see, the above statute essentially requires that 1) the Defendant has previously been convicted of possession of CDS; 2) the Defendant was 21 years old or younger at the time the offense was committed; and 3) one year has passed since the final resolution of the drug charge.
Please note that expungements are not available to those young drug offenders who have been charged with distribution or possession with intent to distribute UNLESS less than 25 grams of marijuana or less than 5 grams of hashish were involved. If you or your child meets these requirements and would like to receive professional legal assistance in obtaining a clean record, feel free to contact the Law Office of William A. Proetta for a free consultation at 732.494.7900 or visit us at our conveniently located Toms River office. We look forward to working with you!
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