Conspiracy is a separate offense not a just means of proving culpability for another charge (such as accomplice liability would be) … and so it can be expunged where the substantive crime could not. A plea to conspiracy in a drug case has always been a means of avoiding the DL suspension and DEDR, and its expungablity is often is selling point in pleas. One other note, the statute has an odd element that bars actual distribution but not possession intent to distribute unless there is an “intent to sell” This of course is a factual issue as all cases are indicted as “poss. with intent to distribute” (not sell). Sometimes, I specifically make sure to have a factual basis (if we have to plead …darn it:-) that makes clear intent to distribute by mean other than intent to sell so that it is later expugnable.