Federal statute allows for expungement of criminal record, but only under extremely limited circumstances

Section 3607. Special probation and expungement procedures for drug possessors

United States Code

Title 18. Crimes and Criminal Procedure

Part II. Criminal Procedure

Chapter 229. Postsentence Administration

Subchapter A. Probation

Section 3607. Special probation and expungement procedures for drug possessors

(a) Pre-judgment probation.--If a person found guilty of an offense described in section 404 of the Controlled Substances Act (21 U.S.C. 844)--

(1) has not, prior to the commission of such offense, been convicted of violating a Federal or State law relating to controlled substances; and

(2) has not previously been the subject of a disposition under this subsection;

the court may, with the consent of such person, place him on probation for a term of not more than one year without entering a judgment of conviction. At any time before the expiration of the term of probation, if the person has not violated a condition of his probation, the court may, without entering a judgment of conviction, dismiss the proceedings against the person and discharge him from probation. At the expiration of the term of probation, if the person has not violated a condition of his probation, the court shall, without entering a judgment of conviction, dismiss the proceedings against the person and discharge him from probation. If the person violates a condition of his probation, the court shall proceed in accordance with the provisions of section 3565.

(b) Record of disposition.--A nonpublic record of a disposition under subsection (a), or a conviction that is the subject of an expungement order under subsection (c), shall be retained by the Department of Justice solely for the purpose of use by the courts in determining in any subsequent proceeding whether a person qualifies for the disposition provided in subsection (a) or the expungement provided in subsection (c). A disposition under subsection (a), or a conviction that is the subject of an expungement order under subsection (c), shall not be considered a conviction for the purpose of a disqualification or a disability imposed by law upon conviction of a crime, or for any other purpose.

(c) Expungement of record of disposition.--If the case against a person found guilty of an offense under section 404 of the Controlled Substances Act (21 U.S.C. 844) is the subject of a disposition under subsection (a), and the person was less than Case Law of NJ Expungementstwenty-one years old at the time of the offense, the court shall enter an expungement order upon the application of such person. The expungement order shall direct that there be expunged from all official records, except the nonpublic records referred to in subsection (b), all references to his arrest for the offense, the institution of criminal proceedings against him, and the results thereof. The effect of the order shall be to restore such person, in the contemplation of the law, to the status he occupied before such arrest or institution of criminal proceedings. A person concerning whom such an order has been entered shall not be held thereafter under any provision of law to be guilty of perjury, false swearing, or making a false statement by reason of his failure to recite or acknowledge such arrests or institution of criminal proceedings, or the results thereof, in response to an inquiry made of him for any purpose.

 A New Beginning     Eligibility Review     FAQ     Difficult Cases     Our Guarantee     Your Arrest History 

 Testimonials     “Plan B”     Recent Developments     Unreasonable Delays     Court Decisions 

 After the Expungement     DNA     Mental Health Records     Child Abuse Registry     Identity Theft 

 Traffic Offenses     Skills and Methods     Radio Promo     How Did We Do?     Retiring!     Contact Us!   



Law Offices of Allan MarainNJ and New Jersey arrested can expunge criminal records and convictions for crimes and dismissed.
Attorney and Counsellor at Law
100 Bayard Street
P.O. Box 1030
New Brunswick NJ 08903

732-828-2020

Former client F.D. (file 8148) wrote: “Mr. Marain's humanistic skills are very slightly overshadowed by his expertise in representing his clients. His brief and all written reports are completed cogently. Mr. Marain is bright, hard working, and totally dedicated to his clients. Because of his knowledge, expertise, and high quality work experiences, he has my highest recommendaton to anyone in need of an accomplished lawyer. In closing, his assistant Danielle Keens and office staff also do an outstanding job. They are always professional and follow-up on requests in a timely manner.”

Refresh this page for a testimonial from another random client.
Click for a tsunami of testimonials from other former clients.

Expungement Lawyers in New Jersey™ and NJExpungements.com
“Expungements with Dignity”
Copyright © 2003-2023, Allan Marain, New Brunswick, New Jersey, all rights reserved.
For information, questions, or suggestions about our site, please email our webmaster.

Our privacy policy is available for your review on a separate page on this site.
Search engine optimization by Rank Magic.
Disputes arbitrated by New Jersey Arbitrations, Inc. »Keeping You Out of Court.
Hosted by Westhost »When you expect more from your Web host.
Page last updated August 19, 2018, and displayed Monday 4 December 2023, at 01:40:24 MST.


  Valid XHTML 1.0 Transitional Valid CSS!   [ Powered by Apache ]   Dynamic Drive provides much-valued technical assistance for attorneys at law in New Jersey court defense