2C:52-5: Expungement of Records of Young Drug Offenders

August 20, 2018

This provision of the Expungement Statute was adopted in 1979 in order to permit young drug offenders to have their records expunged without waiting the full time period (then 10 years) required for older adults.  Its permits expungement after one (1) year. On October 1, 2018 the current law concerning this statue will change to make more Young Drug Offenders eligible to have their records expunged. This change in the statute ispart of the new legislation which broadens the availability of expungements to increase the ability of New Jersey residents to obtain employment.  The Petitioner will still have to meet the all of the following requirements:

  1. At the time of the offense have  been 21 years of age or younger;
  2. At least one (1) year has passed since the date of the conviction, termination of probation or parole, or discharge from custody, whichever is later;
  3. Has not violated any terms of probation or parole;
  4. Has not been convicted of any prior or subsequent criminal acts;
  5. Has not had prior or subsequent criminal matter dismissed because of acceptance into a supervisory treatment or other diversionary program;

The relief provided under this section is currently only available with respect to convictions for possession of a controlled dangerous substance (CDS).  It is generally not available to someone convicted of the sale or distribution of a controlled dangerous substance or possession with intent to sell any controlled dangerous substance. The exceptions to this are if the drug involved was 25 grams or less of  Marijuana or 5 grams or less of Hashish.

The new law effective October 1, 2018 increases the amounts eligible under this section to less then one (1) ounce (28 grams) of Marijuana and the amount of Hashish remains at 5 grams or less.   If the amount is over an ounce the individual cannot apply for an expungement under this subsection, but would have to meet the requirements and apply under the statue 2C:52-2 which is the regular Indictable Offense statue.  The requirements for an expungement under this section are a bit involved. The Expungement Lawyers at the Law Firm of Randolph H. Wolf would be pleased to consult with you to personally review your situation.

 

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