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Expungement for Young Drug Offenders in Long Branch, New Jersey

A juvenile who has been charged and convicted of possession of marijuana, cocaine or heroin, has the opportunity to file a Petition for an Expungement sooner than if he or she was an adult. If the juvenile was put on probation or pled to a drug offense then this will remain on their record, until an experienced NJ criminal defense attorney files a petition for expungement. There is a juvenile exception statute which allows a “young offender” to apply for an expungement after one year from the date of conviction or the end of probation (whichever is later). This means that the juvenile will not have to wait the normal 5 or 10 year requirement like an adult would have to before an expungement is available. This is a common practice throughout Monmouth, Ocean, Middlesex and Union counties.

NJSA:52-5 is the statute that deals with Expungement for Young Drug Offenders and it states that “after a period of not less than one year following conviction, termination of probation or parole or discharge from custody, whichever is later, any person convicted o f an offense under chapters 35 or 36 of this title for the possession or use of a controlled dangerous substance… and who at the time of the offense was 21 years of age or younger, may apply to the Superior Court in the county wherein the matter was disposed of for the expungement of such person’s conviction and all records pertaining thereto.”

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