Q: A CDS distribution charge from 2018 I pleaded guilty to. Probation. Would it ever be available for expungement? NJ STATE
Finished probation in 2019. This is the only charge (I have a couple misdemeanors plus 2 other felonies ) that comes up on background checks and screws me. Would this ever be available to be cleared from my record? I’m in Monmouth county of nj.
A: More information is required. To find out whether and when you will become eligible to petition a New Jersey court for expungement, contact a criminal defense attorney on the telephone. If the attorney does not ask for a Rap Sheet ("Criminal History Record Information") from every jurisdiction where you have been convicted, then call another attorney.
You can only expunge one felony aka indictable crime and up to five misdemeanors aka disorderly persons offenses. As far as expunging a distribution conviction, 1st or second degree can never be expunged. You can expunge for the sale or distribution with intent to sell 25 grams or less of marijuana;
The conviction for the sale or distribution with intent to sell involved 5 grams or less of hashish; or
The conviction for the sale or distribution with intent to sell any type of CDS was of the third or fourth degree and the court determines that expungement is in the “public interest.”
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