Asbury Park, NJ asked in Criminal Law for New Jersey

Q: Are possession/distribution charges eligible for expungement after a time period? 2017 and 2018

One charge was ended and completed in probation in 2019(filed 2018) plus all fines paid. I had a smaller, minor charge from 2017 (failure to give CDS to police) which ended in just fines. Both cases went to superior court. The latter charge is a possession/distribution charge. Thinking back, I should of accepted drug court instead of probation to have the charges dropped. But am I stuck with these or do I have a chance in the future to get rid of these? I hate constantly being turned down job opportunities. In Monmouth county , nj

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

A: The best way to know for certain whether you are eligible for an expungement is to reach out to an attorney who can look up any and all charges that come up in your name and let you know if you qualify or not. Many of us offer free consultations, and when called for an expungement case, will look up your history to determine if you are able to file a petition based on what statutes you are charged under and how much time has passed since your conviction.

In general, CDS charges can be expunged at some point, so it sounds like the type of offense you were convicted of is not a problem, but if you were put on probation in 2017, you may not yet be eligible. You have to wait for a period of years to file an expungement petition, and the clock starts either after you are released from incarceration or complete probation.

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