NJ Expungement of Records of Youthful Drug Offenses | N.J.S.A. 2C:52-5

     The following is a copy of New Jersey’s Expungement Laws related to Youthful (under 21) Drug Offenses, N.J.S.A. 2C:52-5.  This does not apply to distribution cases, except as related to Marijuana and Hashish.

N.J.S.A. 2C:52-5 provides the authority to force police and government institutions to remove records of arrests and convictions from an individuals record.  This is most often done to resolve difficulties in background searches related to employment.  

These are guidelines, and are not the end all be all of New Jersey’s expungement law.  This is also not a complete guide to expungements.  For a general guideline to New Jersey’s Expungement Law, please see here.  This page is only related to Indictable Offenses.  This means crimes of the 1st, 2nd, 3rd, and 4th degrees, and not:

      Indictable Crimes, 1st, 2nd, 3rd, and 4th Degree Crimes

      Disorderly Persons, Petty Disorderly Persons

      Municipal Ordinance Offenses

      Juvenile Delinquency

      Dismissals and Not Guilty Verdicts

If you believe you may qualify for an expungement, you may attempt to procure one on your own (pro se), a guide and forms are located here.  These are denied far more often than petitions created by an Experienced NJ Expungement Attorney.  If you do not wish to go through hassle and often repeated attempts at navigating our criminal justice system, please call our top NJ Expungement Lawyers today.  

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

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 (C. 2A:170-77.5),1 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 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 (C. 2A:170-77.5) or of P.L. 1962, c. 113, § 1 (C. 2A:170-77.8), 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.

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