Criminal Law Questions? Ask a Criminal Lawyer.
Hello and thanks for choosing Just Answer®. I am a licensed attorney, and I will be glad to try and assist you. To provide you with accurate information, could you please clarify these points:
Once I hear back from you, I will be glad to let you know my answer. There may be some delay as I am assisting other customers or am away from my computer. Please rest assured, however, that I will get back to you as soon as possible.
Thanks for writing back so quickly.
Could you please confirm if you were an adult or a juvenile at the time? I will have your answer for you thereafter. It will be a bit later this evening, but will definitely be today.
Hello and thanks so much for choosing this forum to pose your important legal question. I will do my best to give you some honest and accurate guidance as I answer your question.
c. Whenever any person shall have been convicted in another state, territory, commonwealth or other jurisdiction of the United States, or any country in the world, in a court of competent jurisdiction, of a crime which in said other jurisdiction or country is comparable to one of the crimes enumerated in subsection a. or b. of this section, then that person shall be subject to the provisions of this section. L.1979,c.179,s.6; amended 1987,c.106,s.6; 1991,c.436; 1992,c.74,s.3; 1995,c.114." [emphasis added in italics]
Furthermore, New Jersey Statutes 2C:52-2(c) provides in pertinent part: "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: (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." If the particulars of your convictions are such that you do qualify, given that New Jersey is the state of conviction you would need to retain a criminal defense attorney to draft a petition and supporting documentation, get the matter set on the docket, and make an appearance in court to argue on your behalf at a hearing. The laws are much more favorable in some jurisdictions, so I am sorry to be the bearer of negative news.
I hope that this information has been helpful to you. If we can be of any further assistance please free to use our service again. Best wishes for a successful outcome.
If my answer has been helpful to you, please click "ACCEPT" so that I may be paid. This is the only way that I will receive compensation for the work performed. Please consider clicking "BONUS" as a nice way of saying "thanks" for a job well done. Clicking "FEEDBACK" to leave your positive comments is always greatly appreciated.
The information provided is general in nature only and should not be construed as legal advice. By using this forum, you acknowledge that no attorney-client relationship has been created between you and Benjamin M. Burt, Jr., Esq. You should always consult with a lawyer in your state.
Thank you for yuor reply.I was hoping for beeter news. Is there anyway that I can proceed. Must I get denied and then protest the denial. what would be involved.25 years
without any arrests seems to be alot to pay for earlier misconduct.
Hello there and thanks for writing back. I will be glad to comment further.
Personally, I agree with you entirely. This was one of those situations where the law does not provide what is, in my opinion, a proper remedy for someone in your shoes. It seems to be just plain bad luck that it happens to be this jurisdiction. Some states promulgate standardized free forms available to the public and make it so much easier to apply for expungement.
Do you recall the name and location of the court where your cases were adjudicated? If you could let me know that information, I might have an idea for you. I would be glad to help out however I can (without any further charge to you).
Take care and thanks again for using JustAnswer®.
Indictment No. 18-79 New Jersey Superior Court Monmouth County Law Division-Criminal.Oct.5,1979.Originally it was a 9 count indictment.
Count 1: Possession CDS with intentent to dist N.J.S.A 24:21-19A (1)
Count 2: Distribute CDS 24:19A(1) Count 3 Possession 24:21-20A(4)
Count 4 Unlawfull poss of CDS with intent to distribute N.J.S.A24:21-19a
Count 5 Unlawal distribution marijuana 24:21-19A(1) Count 6 conspiracy to distrbute.
Count 7&8 pertains to others,my name not mentioned
Count 9 three co conspirators& myself unlaw distribution N.J.S. 25:21-19A(1)
Count 1,2,3,4&6 were dismissed.Sentenced on #5&9 May 15,1980
6-9-84 arrested S.B.I # XXXXX Accusation # XXXXX 1085-7-84,Case # XXXXX possession
Schedule2 CDS: to wit Cocaine. N.J.S. 24:20-20(a) (1) (Count1) Quilty Oct.12,1984 fine and received 2 yrs. Probation. I am not sure this was felony.
I would to have my record expunged as you stated,If you need copies of the convictions I can mail them.If you need any info please reply
Thank you very much,
Harold A Van Brunt
Thanks for writing back with the details. Yes, these do look like felonies -- and I think expungement is probably the way to go here. Here are a few things I would suggest pursuing. First, contact Mary Ann McGevna, Criminal Division Manager,(NNN) NNN-NNNN or in person at the courthouse, and inquire as to a "pro se expungement packet". If they do not provide one specifically for Monmouth County, I was able to secure some information pertinent to all New Jersey Superior Courts.
This is a kit called How to Expunge Your Criminal Record and includes an overview of the law plus the actual required forms and filing instructions. It is published by the New Jersey Judiciary and is the best thing I have even seen for this jurisdiction. I had to do a bit of convoluted sleuthing to locate it -- the website has been revamped but I was able to obtain it through sort of a roundabout way.
Armed with this packet, I think you would stand a much better chance of success if you decide to proceed without legal counsel. If you do retain an attorney, I would suggest a couple of things. First, try to obtain a flat fee rather than the traditional hourly billing method. Most lawyers who handle expungements will offer this. Second, use a lawyer who is experienced in New Jersey expungements and will not be on a learning curve himself or herself. I cannot vouch for anyone personally or make any specific recommendations. However, I have read about Allan Marain being a noted lawyer with New Jersey expungements. His site is a good source of information as well, if you check out the links on the left side of the page. Especially with you being out of state, I think that it would be best to contact such an attorney and at least inquire as to rates. Perhaps you could complete the forms using the pro se kit and then a lawyer would handle the rest for a reduced fee.
I hope this helps a bit more and that you can get things worked out in this matter.
thank you very much.I would like to send a bonus. How do I do this, I tried but it did not work.
You are quite welcome. It has been a pleasure interacting with you.
I greatly appreciate your kind and generous offer of a bonus. I am sorry you encountered difficulty with the system. If the "bonus" button on your question page does not work, for 24 hour customer service please submit a support request. Requests are generally responded to within an hour. You can also reach Customer Service at(NNN) NNN-NNNNx 4 Monday through Friday, 9am-6pm Pacific Time.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).