Can my records be expunged?

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Can my records be expunged?

I have been arrested for marijuana possesion twice in my life. Once when I was 18 and another time when I was 23. I am 33 years old now. The first time I received and completed the conditional discharge program. The second time I pled guilty and received a 6 month license suspension. Both times were for simple possession, under 50 grams. Can my records be expunged if I hire a lawyer?

Asked on July 5, 2012 under Criminal Law, New Jersey

Answers:

John Ducey / Law Offices of John G. Ducey,PC

Answered 9 years ago | Contributor

The appropraite amount of time has gone by so you can expunge your marijuana possession charge as long as the prosecutor's office has no problem.(which I am fairly positive they will not for such a minor charge)  The CD does not need to be expunged because it is not a conviction.

 

John Ducey

Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 9 years ago | Contributor

You will need to file an application to set aside the conviction from this is commonly referred to as a "criminal expungement". An expungement officially removes the criminal conviction from your record.

Because each State rules and eligibility requirements vary, it is best to consult a criminal defense attorney in your area to determine if you qualify for an expungement in your state. Be mindful that most States will only allow you to expunge one (1) criminal conviction from your record, and it appears that you have two or more. Consult with a criminal defense attorney in your state to determine your eligibility for an expungement.


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