Expungements in New Jersey

2010 Expansion to the Expungement Statute

In January 2010 the New Jersey Legislature expanded the eligibility for expungement. The new law permits expungement for certain persons who were not eligible under the old law and relaxes certain time limits. The changes permit you to apply for an expungement:

* If you have a felony conviction more then 10 years ago and are otherwise eligible, but, did not pay all of your fines, you can apply for an expungement if you have substantially complied with a payment plan or can show compelling circumstances why you did not do so.

* If you have a felony conviction and at least 5 years have expired from the date of your conviction, payment of fine, satisfactory completion of probation or parole, or release from incarceration, whichever is later; and you have not been convicted of a crime, disorderly persons offense, or petty disorderly persons offense since the time of the conviction; and the court finds in its discretion that expungement is in the public interest, giving due consideration to the nature of the offense, and your character and conduct since conviction, an expungement may be granted.

* If you have a conviction for the sale or distribution of a controlled dangerous substance or possession with intent to sell, expungement shall be permitted where the conviction is of the third or fourth degree and where the court finds that expungement is consistent with the public interest, giving due consideration to the nature of the offense and your character and conduct since conviction.

Expungement applications under this new law will be more difficult then if you qualify under the normal statute. We will have to supply documentary evidence to the court of your character and what you have accomplished in terms of education, employment, family responsibilities, and community involvement, since the date of your conviction. The court may require you to appear for a hearing if it feels it necessary.

Examples of Expungements Obtained

Our law firm has been expunging clients’ criminal records for the past 25 years. We have the experience and knowledge of the law to handle the most complex cases and a well trained staff to quickly and efficiently process the straight forward matters. Click here to see a list of some of the expungements our firm has obtained for its clients.

The Benefits of Expungement

Anyone arrested and charged with a criminal offense in state of New Jersey will soon find out that they have difficulty obtaining a job and getting credit. They will face embarrassment whenever anyone runs a background check. A criminal conviction may result in being barred from government employment or prevent getting a job as a teacher, nurse, securities broker or any job that requires a security clearance or professional license. Even where charges were dismissed, a conditional discharge was granted, or a the pre-trial intervention (PTI) program was successfully completed, there is still a record of arrest. This record may require you to make embarrassing explanations to prospective employers, lenders, or spouses.

The Expungement Order

The Superior Court of New Jersey has the authority to expunge the record of a criminal arrest or conviction in the state of New Jersey. Once the court enters an expungement order the offense is deemed never to have happened. The person may legally respond to any questions asking whether they have ever been arrested, convicted, or charged with a crime or disorderly persons offense, with the answer of “NO.” A criminal background check will come back with “NO CRIMINAL RECORD FOUND.” The only exceptions are applications for a job as a law enforcement officer or in the judicial branch of government. The expunged offense must also be revealed when applying for another expungement or a diversionary program.

Eligibilility

New Jersey Laws limit eligibility for expungement. Expungements are generally available for persons who:

  1. Have been arrested but the charges were dismissed.
  2. Have successfully completed the Pre-Trial Intervention (PTI) program or obtained a conditional discharge for a drug offense and six months have passed.
  3. Have been convicted of a municipal ordinance violation and more then 2 years have gone by.
  4. Have been convicted of a petty disorderly persons or disorderly persons offense and more then 5 years passed since all fines have been paid and/or probation has been completed.
  5. Have been convicted of a crime (Felony) and more then 10 years have gone by since completion of probation and/or release from prison and payment of all fines.
  6. You meet the requirement for the 2010 Expansion to the Expungement Statute.

Disqualification

Expungement is not available for persons who:

  1. Have more then one felony conviction.
  2. Have one felony conviction and more then two disorderly persons convictions.
  3. Have been convicted of any of these specific felonies under the New Jersey criminal code:
    • 2C:11-1 et seq.(Criminal Homicide), except death by auto as specified in section 2C:11-5
    • 2C:13-1 (Kidnaping)
    • 2C:13-6 (Luring or Enticing)
    • 2C:14-2 (Aggravated Sexual Assault)
    • 2C:14-3a (Aggravated Criminal Sexual Contact) where the victim is a minor
    • 2C:14-3b (Criminal Sexual Contact) where the victim is a minor and the offender is not the parent of the victim
    • 2C:13-2 (Criminal Restraint)
    • 2C:13-3 (False Imprisonment)
    • 2C:15-1 (Robbery)
    • 2C:17-1 (Arson and Related Offenses)
    • 2C:24-4a. (Endangering the welfare of a child by engaging in sexual conduct which would impair or debauch the morals of the child)
    • 2C:24-4b(4) (Endangering the welfare of a child)
    • 2C:28-1 (Perjury)
    • 2C:28-2 (False Swearing)
    • Conspiracies or attempts to commit the above crimes.
  4. Have been convicted of the sale, distribution, or possession with intent to distribute CDS except less then 25 grams of marijuana or 5 grams of hashish.
  5. Have more then three disorderly or petty disorderly persons offenses.
  6. Have had a prior charge (not the one currently seeking expungement for) dismissed by way of Pre-Trial Intervention or Conditional Discharge.

Juvenile Delinquency

Any one juvenile adjudication of delinquency or arrest may be expunged if it would meet the requirements described above for an adult conviction or arrest. In addition, an entire juvenile record may be expunged if 5 years have gone by since release from custody or supervision, there is no adult or juvenile conviction in the last 5 years, there is no conviction for an offense that would not be eligible for expungement as an adult, there have been no adult offenses expunged, and no adult charges have been dismissed as a result of pre-trial intervention or a conditional discharge.

Young Drug Offenders

Anyone under 21 years of age at the time of commission of an offense for Possession of CDS or of the sale, distribution, or possession with intent to distribute less then 25 grams of marijuana or 5 grams of hashish does not have to wait the 10 years for a crime or 5 years for a disorderly persons offense for an expungement. If more then 1 year has gone by since discharge from custody or completion or probation or parole and there has not violated any of the provisions of your probation or parole and you have never had another conviction or pre-trial intervention or conditional discharge you are eligible to have the offense expunged.

Expungement Procedure

The first step of the expungement process is to file a petition in the superior court. This petition is then served on each court and police department involved in the arrest and the county prosecutor and attorney general. The court generally schedules a hearing within 60 days of the filing of the petition. At the hearing the court determines whether all eligibility requirements have been met and all procedural and notification requirements have been satisfied. If everything is satisfactory and no governmental agency objects, the court will enter the expungement order. The order is then served on all of the governmental agencies who are directed to remove the case from their records. The New Jersey state police will generally delete the records from their computer within 30 days of receipt of the order. The state police then reports the expungement to the federal computer system maintained by the FBI, known as the NCIC, which then removes the records from the NCIC system.

Costs and Legal Fees

We will evaluate your case for free based upon the information you provide to us. If you meet the eligibility requirements we will then offer you a reasonable fixed fee for the complete expungement of your Criminal Record. This fee will include all filing fees, costs, and court appearances if necessary. There will absolutely be no other charges so long as you initially provide us with a complete list of your criminal offenses.

Beginning the Process

Telephone us at toll free at (800)883-6047 or contact us to discuss your situation personally with an experienced expungement attorney. If you would prefer you can click here and fill out our expungement interview form to provide us with complete information.

Complete New Jersey Expungement Statute

N.J.S.A. 2C:52-1 et seq. is the New Jersey expungement statute. Click here to read the statute in its entirety (.doc).

The information provided above is a simplification of this complex statute as it applies to many common situations. The complete statute is much more involved and has more exceptions and particular requirements then can be easily summarized. Our law firm will be pleased to evaluate the facts of your specific situation free of charge and advise you whether or not you qualify for an expungement.