West Palm Beach, FL asked in Criminal Law for New Jersey

Q: Trying to expunge my record from 1989 for drug paraphernalia. Do I qualify and if so what do I need to do?

I applied for Global Entry and was told of this record that I thought it was removed after completing probationary requirements.

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2 Lawyer Answers
Barbara Ungar Esq.
Barbara Ungar Esq.
Answered
  • Edison, NJ
  • Licensed in New Jersey

A: The new marijuana bill provides for the recreational use of marijuana under 6 ounces and paraphernalia. As a result of the new marijuana bill, the Attorney General issued a directive mandating the dismissal of all pending marijuana charges and vacating all prior convictions for marijuana. Your prior paraphernalia conviction would come under that law and may not require an expungement to be filed. An application to the court for vacating that charge can be filed. If you prefer to seek an expungement of the arrest and charge you would qualify and it's a simple process. You should consult an attorney who handles these type of matters to prepare the documents for you.

Amber Forrester
Amber Forrester
Answered
  • Criminal Law Lawyer
  • Trenton, NJ
  • Licensed in New Jersey

A: Eligibility for expungement is dependent on a number of variables. The age of the person at the time of the offense (juvenile vs. adult), whether it resolved by a conviction/non-conviction or diversionary program (like PTI or conditional discharge), whether it was the only offense of any level on the person’s record and whether there is any outstanding monetary payment due.

Additionally, if the paraphernalia is related to marijuana, it may not require an expungement at all because of the newly signed law in NJ. If it is related to a different drug, however, the previous paragraph would apply.

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