Juvenile Drug Offender Expungements in New Jersey

Posted almost 5 years ago. Applies to New Jersey, 2 helpful votes

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1

Keep the record simple

The most important things to discuss with your lawyer are what the charges are, what the direct sentencing consequences can be, and whether the charges you are pleading guilty to will allow you to make an application for an expungement under this provision. This last issue is critical to being able to successfully petition to clear your record as a Young Offender. The statute specifically excludes Distribution and Possession With Intent to Distribute CDS from ever being expunged, unless you meet certain criteria that pertains to the type and amount of drugs you are alleged to have distributed or possessed with intent to distribute. Discuss with your lawyer what the plea options are, and whether the State will agree to a plea that does not include these types of conduct. Once you plead guilty to these types of charges, trying to undo a guilty plea is both time-consuming and expensive - with no certainty of success.

2

Keep track of your time frame

If you are able to enter a plea that permits an early expungement petition, complete the sentence as soon as possible. If you are given probation, try to get discharged early, there are circumstances your lawyer can advise you on that will support an early completion. Get a copy of the completion certificate, as you will need to attach it to the expungement petition. If you are given a fine or community service, get it paid or the service completed. Get receipts or statements indicating you satisfied the sentencing condition, so you can attach them to the petition. Once you have completed the sentence, the waiting period begins. As a Young Offender, you can petition the Court to clear your record when the one year waiting period has been completed. Mark your calendar when the anniversary occurs, and take advantage of having your record cleared - as no employer wants to see a criminal record when they are doing a background check.

Additional Resources

NJ Expungement Law

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