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Expungements for Young Drug Offenders
East Brunswick NJ Expungment Lawyers
The New Jersey legislature created certain special eligibility rules for expungement of a criminal conviction for drug or controlled dangerous substance (“CDS”) possession or distribution involving an individual under twenty-one (21) years of age. This is customarily referred to as the “young drug offender” exception to the New Jersey Expungment Law. The related provision is contained at N.J.S.A. 2C:52-5 and allows a young offender to seal his or her criminal record in a streamlined manner where certain criteria is met. The lawyers at The Law Offices of Jonathan F. Marshall are well versed in expungment in New Jersey and what is involved in qualify under the young drug offender provision for distribution of marijuana in East Brunswick or elsewhere in the region. In fact, a lawyer in our office, Jason Seidman, was in charge of expungments at the Middlesex County Prosecutor’s Office in this past. Jason and the other attorneys on our defense team are available 24/7 to assist you by contacting our East Brunswick Office at 732-227-1200.
The New Jersey Young Drug Offender Law
As previously stated, the young offender provision is contained at N.J.S.A. 2C:52-2. This statute provides that:
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) 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.
Explanation of N.J.S.A. 2C:52-5. There are essentially four requirement for eligibility as a young drug offender. First, the crime to be expunged must involve distribution of 25 grams or less of marijuana or 5 grams or less of hashish. Second, any period of probation, incarceration or supervision must have been completed and all fines paid. Third, the defendant cannot have another conviction for a crime. Fourth, the applicant must have been twenty-one years of age or younger at the time of conviction.
Woodbridge Expungment Attorney
If you meet the above requirements then you are potentially eligible for an expungement of a charge received in Woodbridge or another municipality in Middlesex County. However, as previously stated, the charge is not expungeable if it was for distribution of a CDS in the form of cocaine, heroin or any other drug beyond 25 grams of marijuana. If you or a loved one is interested in obtaining an expungement of your drug offense, please contact the experienced criminal defense attorneys at The Law Offices of Jonathan F. Marshall for a free initial consultation. We are available 24/7 to assist you by calling our Woodbridge Office at 732-634-0700.