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EXPUNGEMENT

In New Jersey the law provides that when an expungement is granted, “all records on file within any court, detention or correctional facility, law enforcement or criminal justice agency concerning a person's detection, apprehension, arrest, detention, trial or disposition of an offense within the criminal justice system” are extracted and isolated." (NJSA 2C:52-1). In other words, when an expungement is granted, any of the above events are deemed not to have occurred. Therefore, when asked about them, with a few exceptions, the person can answer the questions as if they never occurred. 

 

In order to qualify for an expungement, the law requires the following: 

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INDICTABLE OFFENSES

 

Indictable offenses are expunged provided:

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  • The person did not have previous criminal convictions expunged.

    • Unless the person is seeking expungement of a municipal ordinance violation, or the person is seeking an expungement of records for an arrest not resulting in conviction.

  • The person has been convicted of one crime and less than four disorderly persons, or petty disorderly persons offenses.

    • The person could have committed more than one crime if the crimes are listed in a single judgement of conviction, or they were closely related in circumstances.

  • ​That six years have elapsed since conviction, satisfactory completion of probation or parole, or release from incarceration, whichever is later.

    • In some instances, the time could be reduced to five years.

  • ​The person does not have a pending Criminal, Disorderly, or Petty Disorderly prosecution.

  • The person was not convicted of the following crimes: ​​

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  • Criminal Homicide

  • Luring and Enticing

  • Human Trafficking

  • Kidnapping

  • Sexual Assault

  • Aggravated Sexual Assault

  • Aggravated Criminal Sexual Contact

  • Criminal Restraint

  • Drug Convictions*

  • False Imprisonment

  • Robbery

  • Arson and Related Offenses

  • Convictions related to child pornography

  • Perjury

  • False Swearing

  • Terrorism

*Expungement is available, if convicted for the sale and distribution of less than one ounce of marijuana, less than five grams of hashish, or any controlled dangerous substance provided that the conviction is of the third or fourth degree and the expungement is consistent with the public interest. 

 

DISORDERLY PERSON OFFENSES AND PETTY DISORDERLY PERSON OFFENSES

 

Disorderly person offenses and petty disorderly person offenses are expunged provided:

 

  • The person did not have previous criminal convictions expunged.

    • Unless the person is seeking expungement of a municipal ordinance violation, or the person is seeking an expungement of records for an arrest not resulting in conviction

  • The person has been convicted less than four disorderly persons, or petty disorderly persons offenses.

    • The person could have committed multiple disorderly persons, or petty disorderly persons offenses if they were closely related in circumstances.​

  • That five years have elapsed since conviction satisfactory completion of probation or parole, or release from incarceration, whichever is later.

    • In some instances, the time could be reduced to three years.

  • The person does not have a pending Criminal, Disorderly or Petty Disorderly prosecution.​

  • The person was not convicted of a crime listed above in the indictable crimes list.

 

MUNICIPAL ORDINANCES

 

Municipal Ordinances are expunged provided:

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  • The person has not been convicted of more than two Disorderly, or Petty Disorderly or any crime​

  • Two years have elapsed since conviction satisfactory completion of probation or parole, or release from incarceration, whichever is later.

 If you would like your case to be reviewed, call (201) 825-1314, or fill out and submit the contact form for a free consultation.

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