NJ Expungements for Underage Drug Offenses
Drug Crime Expungement Attorneys in Morris County, New Jersey
Do not let a youthful indiscretion ruin the rest of your life. If you were convicted of a drug offense while you were under the age of 21, you need an experienced New Jersey expungement lawyer to ensure that the arrest and conviction do not haunt you in the future. The knowledgeable criminal defense attorneys at the Tormey Law Firm have years of experience representing clients charged with a wide range of drug crimes, including marijuana possession, marijuana distribution, and prescription drug possession in Parsippany, Denville, Dover, Morristown, Rockaway, Montville, and throughout Morris County. Our firm’s founding partner, Travis J. Tormey, has handled thousands of criminal cases throughout New Jersey in both Superior Court (felonies) and Municipal Court (disorderly persons/misdemeanors). Another one of our partners, Alissa D. Hascup, served with the Morris County Prosecutor’s Office, where she successfully represented the State of New Jersey at numerous trials. Our experience means that we can ensure that your expungement application will be submitted, argued. and resolved as efficiently as possible. For a free consultation about your specific drug charges and expungement eligibility, contact us toll-free at 866-949-6948, or use the online contact form to schedule an appointment at our conveniently-located Morristown office.
Expungement of Drug Offense under 21 in New Jersey: N.J.S.A. 2C:52-5
An expungement of a drug offense for individuals under the age of 21 is governed by N.J.S.A. 2C:52-5, which provides, in pertinent part:
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 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:
- Marijuana, where the total sold, distributed or possessed with intent to sell was 25 grams or less, or
- Hashish, where the total amount sold, distributed or possessed with intent to sell was 5 grams or less.
Eligibility for Expungement of a Youth Drug Crime
The youthful drug offender expungement exception has several requirements:
- Defendant was convicted of possession or use of a Controlled Dangerous Substance (CDS)
- Defendant was under 21 years old at the time of the offense
- Defendant has no other criminal convictions
- Defendant completed all the conditions of the court without issue
The statute also has an exception if the conviction was for distribution of a small amount of marijuana or hashish.
Contact a Mount Olive NJ Drug Charge Expungement Attorney for a Free Consultation
If you are eligible based on the above requirements, you can file for an expungement to have a drug offense removed from your record. The experienced expungement attorneys at the Tormey Law Firm can help you get things sorted out. Contact us day or night at 866-949-6948, or use the online contact form to schedule a free, no-obligation consultation about your case. We are also happy to schedule an appointment with you at our offices in Morristown.