New Jersey: Adult Convictions (NJ-C-2)

Records of specified drug offenses committed before age 21 may be expunged by the court one year after sentence completion for a person without any other drug conviction or violation of probation or parole. N.J. Stat. § 2C:52-5.

Record Detail(s)

Youthful offense

Drug offenses

Previous Conviction Disqualifying

Potentially, see statute

Mandatory / Discretionary

Discretionary

Hearing

Yes, if objection filed

Clearance Process

Petition-based

Remedy

Expunge

Ineligible Category or Citation

This section applies only to convictions under chapters 35 or 36 of Title 2C for the possession or use of a controlled dangerous substance, violations of 2A:170-77.5, or violations of 2A:170-77.8. This section does not apply to convictions for the sale or distribution of a controlled dangerous substance or possession with the intent to sell any controlled dangerous substance except one ounce or less of marihuana or less than five grams of hashish. N.J. Stat. § 2C:52-5..

Procedure General

The person, if eligible, may file the expungement application in Superior Court in the county of conviction five years from the date of his most recent conviction, payment of any court-ordered financial assessment, satisfactory completion of probation or parole, or release from incarceration, whichever is later. For the specific procedure, see N.J. Stat. §§ 2C:52-5, 2C:52-7 et seq.

Fees

No statutory language regarding fees.

Effect

Records are not released or utilized other than for specified purposes. The arrest and proceedings are deemed not to have occurred, and the person can answer accordingly, except in circumstances specified in section 2C:52-27.

Forms

For information regarding clearing a record in New Jersey, visit here.

Waiting Periods

The petition can be filed not less than one year after conviction, termination of probation or parole, or discharge from custody, whichever is later. N.J. Stat. § 2C:52-5.

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