Can Drug Convictions be Expunged in New Jersey?

A prior drug conviction can follow you around for a long time once your case is concluded, even after you have served your sentence and paid your debt to society. Years after your case is closed, the negative effects of a drug conviction can still be felt, such as limiting your employment options and preventing you from accessing certain housing opportunities—even if the court considers you reformed.

But if a prior drug conviction is keeping you from moving forward with your life, you may have options, such as getting the arrest and conviction expunged.

New Jersey’s new expungement laws

Expungement is the legal process of sealing or destroying a criminal record. This means that on background checks, the record of your drug charge or conviction will be hidden from public view. It also means that in most situations you can answer “no” when asked if you have ever been arrested or convicted of a crime.

Note, however, that your criminal record still technically exists—but with an expungement, it will only be accessible by certain entities, such as law enforcement or the courts. Even then, authorized individuals may only be able to access your record for specific reasons.

New Jersey expungement laws have changed over time, and legislators have passed extensive reforms in recent years. The goal of the reforms has been to make the process more accessible and expedient, especially for those who have avoided further criminal charges following their conviction.

Why expungement laws work

Did you know that expungement does more than remove your drug charges or conviction from public view? It also gives you the right not to disclose them—even if a potential employer, landlord, or school directly asks whether you have a criminal record.

Being able to choose who you share your criminal record with can increase your opportunities for education, housing, and jobs. This freedom can give you peace of mind and make it easier to move forward with your life after legal challenges.

Are you eligible to have drug charges expunged in NJ?

To be eligible for an expungement in New Jersey, you must meet specific requirements. Expungement availability will depend on whether you have:

Subsequent convictions for any crime or disorderly persons offense
Outstanding warrants, pending charges, or previous expungements
Completed the required waiting period after conclusion of the sentence, probation or supervisory treatment, or fines paid for the drug offense

The prerequisites and process of applying for expungement may seem overwhelming, but an experienced attorney can help you understand potential outcomes and expectations for the process so you can move forward with confidence.

New Jersey drug possession crimes

New Jersey’s drug possession statute, N.J. Stat. § 2C:35-10, makes it a crime to knowingly possess or be under the influence of a controlled substance without a valid order or prescription.

The language of the law is complex when it comes to defining the severity of drug possession crimes. Whether a drug possession crime is considered a minor disorderly persons offense or a serious indictable conviction—and thus, whether a crime is eligible for expungement and under what time period—is largely determined by the type and amount of drug involved.

The state’s expungement law does not include drug possession in the list of serious convictions explicitly excluded from expungement (such as certain violent crimes like murder and manslaughter).

However, while generally people who have multiple criminal convictions are not eligible for expungement, there are exemptions if:

The other convictions amounted to three or fewer disorderly persons or petty offenses, OR
All of the other convictions were closely related.

Other types of drug charges

N.J. Stat. § 2C:52-2 specifically prevents the option of expungement for most convictions for the sale or distribution of controlled substances and possession with the intent to sell—unless the charges involve only small amounts of marijuana. Contact an experienced criminal defense attorney who can determine your eligibility for an expungement.

Applying to have drug charges expunged in NJ

The process of applying for expungement in New Jersey can feel daunting, but with the help of an experienced attorney, it doesn’t have to. Here are the basic steps your criminal defense attorney will walk you through in order to apply for your expungement:

Step one

Contact the New Jersey State Police to obtain a copy of your criminal record.

Step two

Fill out the New Jersey Courts Petition for Expungement Form accurately and completely.

Step three

File the completed form with the Superior Court in the county where the conviction occurred. You will need to pay a filing fee at this time.

Step four

Once your application has been reviewed, the court may schedule a hearing to review it. At this hearing, your application will be approved or denied. In many cases, an experienced attorney can help you avoid the need for a hearing.

If your application is approved, the court will issue an order of expungement and send it to all law enforcement agencies, courts, and probation offices.

Are drug charges holding you back? Dughi, Hewit & Domalewski is here to help

Don’t let a drug conviction on your record hold you back. Our experienced criminal defense attorneys at Dughi, Hewit & Domalewski are here to help you understand your rights and navigate the legal system with confidence.

Contact Us Today!