Can a 3rd degree drug offense be expunged?

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Can a 3rd degree drug offense be expunged?

I was 19 years old when I plead guilty to a 3rd degree drug charge. I was arrested with a 1/2 pound of marijuana and was charged with possession with intent to distribute. I am not sure if I am now able to get an expungement with the 2010 changes. It says that 3rd and 4th drug dealing charges are now able to be expunged, but does the fact that I had a large amount of marijuana make me ineligible? Also, since I was under 21, is the waiting time for expungement shorter?

Asked on February 4, 2011 under Criminal Law, New Jersey

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

For distribution or sale of controlled dangerous substance or possession of CDS with intent to distribute or sell may be expunged only if they are Third or Fourth degree convictions. These convictions can be expunged after giving consideration to the nature of the offense and the applicant's character/conduct since conviction. Additionally, if you were charged as a youthful offender it may affect the time that you must wait for expungment.

What you need to do now is to speak with a criminal law attorney directly in your area. Give them all of the details of your case and they can give you a better idea of what to expect regarding all of this.


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