Legal Blog
Amended New Jersey Expungement Statute Good News for Many New Jersey Residents
Author Clark & Noonan, LLC
Posted June 16, 2017
Category Criminal Defense
Wall New Jersey Criminal Defense Attorneys serving Monmouth County, Ocean County, Middlesex County and all surrounding NJ areas.
Posted: January 15, 2010
On January 12, 2010, the New Jersey Governor signed into law a number of significant amendments to the New Jersey Expungement Statute. The changes provide monumentally great news for those NewJersey petitioners who were previously barred from receiving an expungement in New Jersey pursuant to the old statute. The most significant change is the eligibility for expungement of felony drug offenses that were previously barred. Third and Fourth degree drug distribution convictions for drugs other than marijuana are now eligible for expungement. Previously, a Third degree drug possession with intent to distribute or distribution conviction was non-expungeable regardless of the length of time that had passed since the conviction.
Ten Years waiting period for Expungement of a New Jersey Felony -Relaxed
Another significant amendments to the New Jersey Expungement Statute (N.J.S.A. 2C: 52-2), is the relaxation of the waiting period for eligibility. Under the old Expungement Statute, a person with an eligible felony conviction would have to wait Ten (10) years from the expiration of their sentence before they could petition the court for an expungement. Now, the time period has been reduced to only five (5) years if a petitioner meets certain criteria.
I am excited about the opportunities the new statute provides for those who have previously suffered the stigma of a conviction that happened long ago. I have spoken to many clients who have had job opportunities foreclosed based on a New Jersey conviction that occurred many years ago but was ineligible for an expungement under the old New Jersey Statute. The changes have now opened the door of opportunity for a large number of past and present New Jersey residents.
The law firm of Clark & Noonan, LLC is a full service criminal defense law firm exclusively committed to the practice of criminal law in New Jersey. If you have a question regarding an Expungement, including the new amendments to the New Jersey Expungement Statute, please give us a call today at 732-303-7857.
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