Legal Question in Criminal Law in New Jersey

How long do you have to wait to get a drug charge expunged?


Asked on 1/29/11, 2:56 pm

1 Answer from Attorneys

Gary Moore Gary Moore Attorney At Law

If the charge was a disorderly persons offense you must wait five years after the the conviction,payment of the fine, service of probation or a jail sentence to file and expungement petition. If the drug offense was a criminal offense, heard in Superior Court, you must wait ten years afterthe payment of the fine and service of probation and/or a jail sentence to file an expungement petition with the Court. Some convictions for serious drug offenses can not be expunged. If you were granted first offender treatment on the drug charge and it were dismissed, you mustwait an additional six months to file an expungement petition with the Court.

For some offense the Court can, within its discretion, grant and expungments after a shorter

amount of term. It is necessary to know which offense is involved.

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Answered on 2/08/11, 2:39 pm


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