Can Drug Crimes Be Expunged in New Jersey?
Yes, certain drug crimes can be expunged in New Jersey. The eligibility for expungement depends on the severity of the offense and the individual’s criminal history.
If you have a drug conviction on your record, it can interfere with your ability to find work, rent an apartment, or go to college. In New Jersey, you can ask the court to expunge all records of your drug conviction.
What Drug Crimes Can Be Expunged in NJ?
New Jersey’s expungement laws make provisions for expunging past drug offenses from an individual’s criminal record.
New Jersey Statute 2C:52-1 defines expungement as the sealing or extracting of all records related to a criminal offense. New Jersey Statute 2C:35-14 states that the Superior Court can authorize expungement of any criminal conviction included in New Jersey Title 2C except those for which expungement is barred.
Can a drug possession charge be expunged? Yes.
Drug crimes for which you can seek expungement include:
- Possession of marijuana
- Possession of hashish
- Possession of drug paraphernalia
- Use of a controlled, dangerous substance
- Being under the influence of a controlled, dangerous substance
- Failure to lawfully dispose of a controlled, dangerous substance
According to the New Jersey Courts, you can request expungement for up to three disorderly persons offenses and one indictable offense conviction.
This is possible once you have met the following conditions:
- You have paid all fines and fees.
- It has been five years since your conviction.
- You haven’t been arrested or charged with any other crimes.
You can also apply for:
- A clean slate expungement 10 years after your conviction
- A recovery court expungement after completing a drug treatment program
- An expedited expungement, if the case was dismissed or you were acquitted
Under New Jersey Statute 2C:52-2, drug crimes that cannot be expunged include most convictions for:
- Sale or distribution of a controlled substance
- Drug possession with intent to sell or distribute
However, New Jersey law includes some exceptions to this ban on expungement.
You may still be able to request an expungement of past convictions if:
- Your conviction was for less than 1 ounce of marijuana.
- Your conviction was for less than 5 grams of hashish.
- You were convicted of a third – or fourth-degree crime for selling drugs or possessing drugs with the intent to sell them, and the court finds compelling circumstances provide grounds to grant the expungement.
The Expungement Process for Drug Crimes in NJ
According to the New Jersey Office of the Attorney General, the steps in the expungement process in New Jersey include:
- Gathering all the information and required documentation for your original charges
- Requesting your State Police criminal history record
- Completing the expungement request forms
- Paying the filing fee
- Serving the forms
- Distributing copies of the filed forms
- Attending the hearing
- Distributing the finalized expungement order
If you’re wondering how to check expungement status in NJ, contact the Expungement Unit of the New Jersey State Police.
Benefits of Expunging a Drug Crime Record
According to the New Jersey Office of the Attorney General, expungement will:
- Remove your arrest and conviction from the records of the New Jersey Criminal Justice System
- Give you the right to answer “no” when an employer asks if you have ever been arrested
- Remove obstacles to licensing and certification
- Make it easier to get financial aid
Expungement will remove barriers to employment opportunities and housing prospects while improving your overall social standing. The most significant long-term advantage of expungement is that it allows you to put the past behind you.
Consult William Proetta Criminal Law for Help with Drug Crime Expungement
William Proetta Criminal Law is a New Jersey criminal defense firm that combines a big firm’s experience with a small firm’s personal service. Contact our experienced criminal defense attorney for assistance with the expungement process for clearing your criminal record. Your initial consultation is free, confidential, and comes without further obligations on your part.
