Some Drug distribution convictions may be expunged under revised expungement statute
2C:52-2. Indictable Offenses.
a.In all cases, except as herein provided, wherein a person
has been convicted of a crime under the laws of this State and who has not been
convicted of any prior or subsequent crime, whether within this State or any
other jurisdiction, and has not been adjudged a disorderly person or petty
disorderly person on more than two occasions may, after the expiration of a
period of 10 years from the date of his conviction, payment of fine, satisfactory
completion of probation or parole, or release from incarceration, whichever is
later, present a duly verified petition as provided in section 2C:52-7 to the
Superior Court in the county in which the conviction was entered praying that
such conviction and all records and information pertaining thereto be expunged.
Notwithstanding the provisions of the preceding paragraph, a
petition may be filed and presented, and the court may grant an expungement
pursuant to this section, although less than 10 years has expired in accordance
with the requirements of the preceding paragraph where the court finds:
(1)less than 10 years has expired from the satisfaction of a
fine, but the 10-year time requirement is otherwise satisfied, and the court
finds that the person substantially complied with any payment plan ordered
pursuant to N.J.S.2C:46-1 et seq., or could not do so due to compelling
circumstances affecting his ability to satisfy the fine; or
(2)at least five years has expired from the date of his
conviction, payment of fine, satisfactory completion of probation or parole, or
release from incarceration, whichever is later; the person has not been
convicted of a crime, disorderly persons offense, or petty disorderly persons
offense since the time of the conviction; and the court finds in its discretion
that expungement is in the public interest, giving due consideration to the
nature of the offense, and the applicants character and conduct since
conviction.
In determining whether compelling circumstances exist for
the purposes of paragraph (1) of this subsection, a court may consider the
amount of the fine or fines imposed, the persons age at the time of the
offense, the persons financial condition and other relevant circumstances
regarding the persons ability to pay.
Although subsequent convictions for no more than two disorderly
or petty disorderly offenses shall not be an absolute bar to relief, the nature
of those conviction or convictions and the circumstances surrounding them shall
be considered by the court and may be a basis for denial of relief if they or
either of them constitute a continuation of the type of unlawful activity
embodied in the criminal conviction for which expungement is sought.
b.Records of conviction pursuant to statutes repealed by
this Code for the crimes of murder, manslaughter, treason, anarchy, kidnapping,
rape, forcible sodomy, arson, perjury, false swearing, robbery, embracery, or a
conspiracy or any attempt to commit any of the foregoing, or aiding, assisting
or concealing persons accused of the foregoing crimes, shall not be expunged.
Records of conviction for the following crimes specified in
the New Jersey Code of Criminal Justice shall not be subject to expungement:
Section 2C:11-1 et seq. (Criminal Homicide), except death by auto as specified
in section 2C:11-5; section 2C:13-1 (Kidnapping); section 2C:13-6 (Luring or
Enticing); section 1 of P.L.2005, c.77 (C.2C:13-8) (Human Trafficking); section
2C:14-2 (Aggravated Sexual Assault); section 2C:14-3a (Aggravated Criminal
Sexual Contact); if the victim is a minor, section 2C:14-3b (Criminal Sexual
Contact); if the victim is a minor and the offender is not the parent of the
victim, section 2C:13-2 (Criminal Restraint) or section 2C:13-3 (False
Imprisonment); section 2C:15-1 (Robbery); section 2C:17-1 (Arson and Related
Offenses); section 2C:24-4a. (Endangering the welfare of a child by engaging in
sexual conduct which would impair or debauch the morals of the child); section
2C:24-4b(4) (Endangering the welfare of a child); section 2C:24-4b. (3)
(Causing or permitting a child to engage in a prohibited sexual act); section
2C:24:4b.(5)(a) (Selling or manufacturing child pornography); section 2C:28-1
(Perjury); section 2C:28-2 (False Swearing); section 2C:34-1b.(4) (Knowingly
promoting the prostitution of the actors child); section 2 of P.L.2002, c.26
(C.2C:38-2) (Terrorism); subsection a. of section 3 of P.L.2002, c.26
(C.2C:38-3) (Producing or Possessing Chemical Weapons, Biological Agents or
Nuclear or Radiological Devices); and conspiracies or attempts to commit such
crimes.
Records of conviction for any crime committed by a person
holding any public office, position or employment, elective or appointive,
under the government of this State or any agency or political subdivision
thereof and any conspiracy or attempt to commit such a crime shall not be
subject to expungement if the crime involved or touched such office, position
or employment.
c.In the case of conviction for the sale or distribution of
a controlled dangerous substance or possession thereof with intent to sell,
expungement shall be denied except where the crimes involve:
(1)Marijuana, where the total quantity sold, distributed or
possessed with intent to sell was 25 grams or less;
(2)Hashish, where the total quantity sold, distributed or
possessed with intent to sell was five grams or less; or
(3)Any controlled dangerous substance provided that the
conviction is of the third or fourth degree, where the court finds that
expungement is consistent with the public interest, giving due consideration to
the nature of the offense and the petitioners character and conduct since
conviction.
d.In the case of a State licensed physician or podiatrist
convicted of an offense involving drugs or alcohol or pursuant to section 14 or
15 of P.L.1989, c.300 (C.2C:21-20 or 2C:21-4.1), the court shall notify the
State Board of Medical Examiners upon receipt of a petition for expungement of
the conviction and records and information pertaining thereto.
