Elegibility Requirements

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.