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2010 Expungement Law Change

 

On January 12, 2010, former Governor Jon S. Corzine signed into law Revision A-1771/S-3061 (Watson Coleman, Spencer, Gusciora, Evans/Rice) – [That] Revises eligibility for expungement of criminal and juvenile delinquency records.

“This act shall take effect on the 60th day after enactment.”

March 13, 2010

 

What this means to the public. The most significant changes is the ability to expunge Indictable Offenses Early 2C:52-2 and Sale and Distribution of CDS.

Indictable Offenses Time Frame Change

The court may grant an expungement, 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 applicant’s 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 person’s age at the time of the offense, the person’s financial condition and other relevant circumstances regarding the person’s ability to pay.

Sale or Distribution Change

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 [relate to] involve:

 (1) Marijuana, where the total quantity sold, distributed or possessed with intent to sell was 25 grams or less, or

 (2) Hashish, where the total quantity sold, distributed or possessed with intent to sell was five grams or  less; or

The Change Paragraph 3 ↓

 (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 petitioner’s character and conduct since conviction.

 

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