Cost of expungement?

[DevsAdvocate 112]

Friend of mine is interested in buying a firearm, but is worried that an arrest in college will prevent them from doing so. In short, they were busted with some weed in their car (small amount) and since it was a first offense, they weren't convicted of a felony. Just community service and fine.

 

While I think it's stupid to deny 2nd Amendment Rights to those who use drugs for recreational purposes, they're in a bit of a bind until they get their record expunged.

 

How much does that cost to get done? Has anyone gone through that here? If something is expunged, it's considered as if it 'did not happen', does this mean they can answer 'no' on the drug question when filling out FPID and COE forms?

[Zed's_Dead 16]

Below is the applicable section of the expungement statute to see if he qualifies. Typically, you must wait 10 years after the conviction, but under certain circumstances, it can be done in as little as five years after. Once your record is expunged, it's as if it never happened, so you can answer no to questions about being convicted of a crime of that type.

 

Does he know what he was actually convicted of at this point?

 

c. In the case of conviction for the sa 1 le or distribution of a

2 controlled dangerous substance or possession thereof with intent to

3 sell, expungement shall be denied except where the crimes [relate

4 to] involve:

5 (1) Marijuana, where the total quantity sold, distributed or

6 possessed with intent to sell was 25 grams or less [, or] ;

7 (2) Hashish, where the total quantity sold, distributed or

8 possessed with intent to sell was five grams or less; or

9 (3) Any controlled dangerous substance provided that the

10 conviction is of the third or fourth degree, where the court finds that

11 expungement is consistent with the public interest, giving due

12 consideration to the nature of the offense and the petitioner’s

13 character and conduct since conviction.

14 d. In the case of a State licensed physician or podiatrist

15 convicted of an offense involving drugs or alcohol or pursuant to

16 section 14 or 15 of P.L.1989, c.300 (C.2C:21-20 or 2C:21-4.1), the

17 court shall notify the State Board of Medical Examiners upon

18 receipt of a petition for expungement of the conviction and records

19 and information pertaining thereto.

20 (cf: P.L.1994, c.133, s.6)

21

22

[kmbfire 0]

I had my record expunged when I was 20 years old from a "posession of achohol in a public place" charge. The fee depends on the lawyer. My friends uncle did not charge me but made me file all the paperwork and pay the fee's myself which I seem to remember around $50 back then(15 years ago). Most of it is just paperwork that needs to get filed and as long as the no one involved in the initial arrest objects it should be no problem. From what I remember, a letter is sent to the Chief of the local PD, Chief of State PD, Judge and prosecutor of the town you are arrested in. As long as no one objects to the expungement it will be erased. It may take some time to get it done becasue they need to get a response from everyone involved.

[GRIZ 3,369]

http://www.judiciary.state.nj.us/prose/index.htm#civil

 

Go about half way down catalog number 10557. He may be able to do it himself.

 

Other states have similar resources.

[Krdshrk 3,878]

Someone I know paid a lawyer to take care of it all for them - cost them $1500.

[Anselmo 87]

If your friend can use Word or another word processing program and is willing to put in some time playing secretary, he can do it himself. I did it myself. It took about 5 months from initial filing until I got the letter from the State Police that my record was expunged. NJ has an online expungement package but the pdf files are kinda lame and I retyped some of the forms.

 

expungement kit

 

Step 1. Call up the municipality where he got arrested and get the formal disposition letter of his arrest and conviction. It cost me $10 to get this letter.

 

If you want to hire a lawyer, call around. They range from $700 to $1500.

 

Expungement of drug charges varies by the charge:

 

Notwithstanding the provisions of sections 2C:52-2 and 2C:52-3, after a period of not less than one year following conviction, termination of probation or parole or discharge from custody, whichever is later, any person convicted of an offense under chapters 35 or 36 of this title for the possession or use of a controlled dangerous substance, convicted of violating P.L.1955, c. 277, § 3 (C. 2A:170-77.5), [FN1] or convicted of violating P.L.1962, c. 113, § 1 (C. 2A:170-77.8), and who at the time of the offense was 21 years of age or younger, may apply to the Superior Court in the county wherein the matter was disposed of for the expungement of such person's conviction and all records pertaining thereto. The relief of expungement under this section shall be granted only if said person has not, prior to the time of hearing, violated any of the conditions of his probation or parole, albeit subsequent to discharge from probation or parole, has not been convicted of any previous or subsequent criminal act or any subsequent or previous violation of chapters 35 or 36 of this title or of P.L.1955, c. 277, § 3 (C. 2A:170-77.5) or of P.L.1962, c. 113, § 1 (C. 2A:170-77.8), or who has not had a prior or subsequent criminal matter dismissed because of acceptance into a supervisory treatment or other diversion program.

 

This section shall not apply to any person who has been convicted of the sale or distribution of a controlled dangerous substance or possession with the intent to sell any controlled dangerous substance except:

 

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

 

(2) Hashish, where the total amount sold, distributed or possessed with intent to sell was 5 grams or less.

[NorthernYankee 94]

He won't need an expungement. I too was arrested when I was 19 for possession of 2 grams of weed, I was convicted of misdemeanor possession, fined and had 6 months of non reporting probation.

 

Being that a misdemeanor is not a crime in NJ you do not even have to mention it on your FID application. While it can sometimes be a good idea to get an expungement, I would tell him to save his money.

[Anselmo 87]

He won't need an expungement. I too was arrested when I was 19 for possession of 2 grams of weed, I was convicted of misdemeanor possession, fined and had 6 months of non reporting probation.

 

Being that a misdemeanor is not a crime in NJ you do not even have to mention it on your FID application. While it can sometimes be a good idea to get an expungement, I would tell him to save his money.

 

While it may not be applicable to mention it on the application, the local PD can deny your FID because the offense is on your record.

[GRIZ 3,369]

Being that a misdemeanor is not a crime in NJ you do not even have to mention it on your FID application

 

A misdemeanor is a crim e in NJ and anywhere else. With a misdemeanor conviction if the question is felony then the answer is no, if the question is crime the answer is yes.

[Anselmo 87]

Being that a misdemeanor is not a crime in NJ you do not even have to mention it on your FID application

 

A misdemeanor is a crim e in NJ and anywhere else. With a misdemeanor conviction if the question is felony then the answer is no, if the question is crime the answer is yes.

 

NJ does not define misdemeanor and felony. NJ has offenses and crimes. See form sts-033 lines 19 and 20. An offense is equivalent to a misdemeanor while a crime is equivalent to a felony.

[GRIZ 3,369]

NJ does not define misdemeanor and felony. NJ has offenses and crimes. See form sts-033 lines 19 and 20. An offense is equivalent to a misdemeanor while a crime is equivalent to a felony.

 

True but Northern Yankee's "misdemeanor" possession charge would be a yes to 19 or maybe 20 depending on what the maximum sentence could have been. My point is a misdemeanor from somewhere else needs to be translated into NJ terminology.

[NorthernYankee 94]

Only talking about my instance, and not the OP, 19 and 20 are both "No". I was not charged with a Disorderly Persons offense and as for #20, as NJ2AS said, unless it was a Felony Possesion it is not a "Crime" in NJ's legal eye's.

 

Now to elaborate I did mention this to my Local PD, because this does come back on the background check and I wanted them to know about it in advance so that they would not think that I was trying to cover something up. Other PD's may handle it differently but mine had no issues with it.