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Getting Drug Charges Expunged in New Jersey
Getting Drug Charges Expunged in New Jersey
Having a criminal record, especially for drug offenses, can make life extremely difficult. It can prevent you from getting a job, renting an apartment, or even qualifying for student loans. Fortunately, New Jersey allows people convicted of certain drug crimes to have their records expunged under certain conditions. This article will explain everything you need to know about getting drug charges expunged in New Jersey.
What is Expungement?
Expungement is the process of having your criminal record sealed from public view. While the records still exist in the court system, potential employers, landlords, and others will not be able to see them without a court order.
An expunged record is essentially deleted as far as the public is concerned. Expungement gives people with criminal records a clean slate and a second chance at leading a normal life. It’s an opportunity to move on from past mistakes.
Which Drug Crimes Can Be Expunged in NJ?
New Jersey law allows the following drug crimes to be expunged:
- Possession of 50 grams or less of marijuana or 5 grams or less of hashish – This can be expunged immediately upon successful completion of probation.
- Distribution or possession with intent to distribute marijuana or hashish in an amount of 1 ounce or less – This can be expunged after 5 years.
- Possession of controlled dangerous substances (CDS) in third or fourth degree quantities – This may be eligible for expungement after 10 years.
- Distribution of CDS in third or fourth degree quantities – May be eligible after 10 years if the court determines expungement is in the public interest.
More serious drug crimes like possession with intent to distribute more than 5 pounds of marijuana are not eligible for expungement. Check with an attorney to see if your specific drug charges are eligible.
How Does the Expungement Process Work?
Expungement in New Jersey involves filing a petition with the court explaining why you deserve to have your record cleared. Here are the basic steps:
- Obtain your criminal record from the State Police to see your convictions.
- Wait the required time period from the date of conviction. This is immediately for marijuana possession, 5 years for distribution of 1 ounce or less, and 10 years for third/fourth degree CDS crimes.
- Complete the Petition for Expungement form available online [link]. You must provide details on the crimes you want expunged, your personal information, and an explanation of why you deserve expungement.
- File the petition with the court in the county where you were convicted. Pay a filing fee of around $150-$300.
- Attend your court hearing. The judge will review your petition and make a decision. Be prepared to explain your rehabilitation efforts and why expungement is appropriate.
- If approved, the court will issue an Expungement Order directing agencies to remove your records from public databases. This process takes about 2-3 months.
- Once complete, your drug crimes will no longer appear on background checks! Enjoy your fresh start in life.
It’s strongly recommended to hire an expungement lawyer to handle the process for you. The law is complex and attorneys know how to complete the paperwork and present the strongest case. Legal fees typically range from $1000-$2000.
What is Drug Court and How Does it Help?
Drug courts are special programs in New Jersey where defendants agree to complete substance abuse treatment instead of jail time. Upon successful graduation from drug court, defendants can immediately expunge the charges, even if it hasn’t been 10 years since conviction.
Drug court is a great opportunity for those struggling with addiction. It provides the help needed to achieve sobriety and avoid a permanent criminal record. Speak with your public defender or attorney about the possibility of entering drug court after an arrest.
How to Improve Your Chances of Expungement
The court will look closely at your petition to determine if you deserve expungement. Here are some tips:
- Show proof of drug counseling, rehab, NA/AA meetings, or other treatment. The more effort to improve yourself, the better.
- Get letters of recommendation from employers, teachers, clergy, and other community members.
- Demonstrate stable employment, education, housing, and family relationships.
- Highlight volunteer work, charity activities, and other ways you give back.
- Express sincere remorse for your actions and explain how much you’ve matured.
- Most importantly, avoid any further legal troubles. Additional convictions will ruin your chances.
Essentially, you need to convince the judge you are rehabilitated and no longer a threat to the public. An attorney can advise you on the best strategy for your situation.
What Happens if Your Petition is Denied?
Don’t despair if your petition gets rejected on the first try. You can file again after one year goes by. Work on improving your personal circumstances and try to obtain additional proof of rehabilitation. Hiring an attorney for the second attempt is highly recommended, as they can identify any weaknesses in your prior petition and strengthen your case. Persistence and patience is key.
Limitations of Expungement in New Jersey
While expungement provides a clean slate in many respects, some restrictions apply:
- Government agencies like law enforcement can still see your expunged record. Private background checks done for employment/housing will be clear.
- If you apply for a government job or license, you may need to disclose expunged offenses if asked. An attorney can advise you on proper disclosure.
- Expungement does not delete the offense from your criminal history. It simply removes it from public view.
- You must still disclose expunged offenses if applying to purchase a firearm in New Jersey. Federal law may require disclosure as well.
- Expungement has no impact on immigration status for non-citizens. Deportation is still possible for drug offenses.
Additionally, keep in mind that news articles and other online records relating to your case will not be erased. Overall though, expungement provides tremendous benefits and new opportunities.