Home » Pharmaceutical Articles » New Expungement Law was Signed in New Jersey
New Expungement Law was Signed in New Jersey
On January 12, 2010 former Governor Corzine signed an amendment to New Jersey's expungement law. The new law took effect on or about March 15, 2010.
May 20, 2010 /Pharmaceutical PR News/ -- On January 12, 2010 former Governor Corzine signed an amendment to New Jersey's expungement law. The new law takes effect on or about March 15, 2010. The new expungement law dramatically changes the existing law in 2 major ways.
First, the new law now makes it possible for a person to seek an expungement of an indictable crime (aka felony) 5 years after completion of a sentence. Under the old law a person seeking an expungement of an indictable crime was required to wait 10 years after completion of a sentence. The new law also requires that the court make a finding that such an expungement is in the public interest, giving consideration to the nature of the offense and the applicant's character and conduct since conviction.
Second, the new law vastly broadens the number of people eligible to secure an expungement by allowing the expungement of any third or fourth degree conviction for the sale, distribution or possession with intent to sell a controlled dangerous substance. The old law barred the expungement of all sales, distributions or possession with intent to sell drug crimes except where the drug was marijuana and the amount was 25 grams or less and except where the drug was hashish and the amount was 5 grams or less. Under the new law, when considering expungement applications for third and fourth degree distribution-like crimes the court must also find that expungement is consistent with the public interest and the court must give consideration to the nature of the offense and the applicant's character and conduct since the conviction.
While the new expungement law does make other changes to the old law, the above two changes represent the highlights of the new law. These two changes drastically alter two of the biggest impediments to securing an expungement, namely when someone is eligible for an expungement and the types of drug crimes that can be expunged.
Article provided by Brickfield & Donahue
Visit us at www.brickdonlaw.com
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