New Jersey Drug Expungement Lawyers

Bergen County Drug Expungement Attorneys

We as a society are well aware of the fact that kids will make mistakes. Fortunately, the New Jersey Legislatures are well aware as well and that is evident by the fact that they created what is known as the Youthful Drug Offender exception to the expungement laws. As you will see below, the legislatures have relaxed the otherwise strict waiting periods that come along with determining your eligibility for an expungement. The Law Offices of Marshall, Bonus, Proetta & Oliverhas presented expungement seminars at the New Jersey State Bar Association. We have the experience and skill necessary to make sure that you can have your criminal record erased as soon as possible. If you or some you know is seeking to have their criminal record expunged, we can help. Here is some important information with regards to the Youthful Offenders Exception, including who will be eligible to take advantage of this exception.

Youthful Drug Offenders Exception: N.J.S.A. 2C:52-5

      Possession of a Controlled Dangerous Substance

            N.J.S.A. 2C:52-5 in pertinent part states that:

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 defendant’s expungement petition will only be granted by the judge if the defendant has not violated any of the conditions of his probation or parole nor has he been convicted of any previous or subsequent criminal act nor has the defendant participated in a diversion program.

 Distribution of a Controlled Dangerous Substance

The above referenced exception will not apply for any person who has been convicted of distributing a controlled dangerous substance or possession with the intent to sell 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.

 Experienced Criminal Defense Firm

As stated earlier, fortunately the New Jersey legislatures have carved out an exception to the otherwise strict expungement laws for youthful drug offenders. If this exception did not exist, the defendant would be forced to wait ten years before they could petition the courts to have their record expunged. Do not hesitate, take advantage of this exception and have your criminal record erased. If you have any further questions with regards to your eligibility for an expungement feel free to contact any one of our Bergen County Offices for an initial consultation.