Can Drug Charges for Distribution of a CDS or Possession with Intent to Sell be Expunged?
N.J.S.A. 2C:52-2(c) governs the expungement of drug charges and states: c. 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. Therefore, charges for distribution of a Controlled Dangerous Substance (CDS) or possession of a CDS with intent to distribute are not subject to expungement unless the charge is related to distribution of marijuana where the amount sold, distributed, or possessed with intent to sell was less than 25 grams or hashish where the amount sold, distributed, or possessed with intent to sell was less than 5 grams.
