Can you get a child abuse crime expunged in New Jersey

A criminal record can be a barrier between you and the future you hoped for. In addition to the damage a conviction can have on your reputation, you may also face restrictions on where you can live and work, lose certain rights, and more.

If you were convicted of a child abuse crime, the repercussions can be significant. New Jersey has taken steps to make it easier for those with criminal records to move forward with their lives. But can you get a child abuse crime expunged in New Jersey? You might be able to, depending on the circumstances and whether you meet certain conditions. Contact an expungement attorney at The Law Office of Jason A. Volet to learn more in a free consultation.

What Is Expungement?

Expungement is the process of removing the details of a criminal conviction from the official record. It applies to all records related to the case, including the arrest, all court proceedings, the conviction, and the case’s outcome, such as the sentence.

Whether you can have your case expunged depends on factors such as:

• The crime you were convicted of
• Your record in the years following the report
• Whether you’re up to date on paying court fees
• Whether you’ve completed the required waiting period after serving your sentence

Does It Cost to File for Expungement?

Applying for an expungement is free through the eCourts Expungement System. You’ll use your case number to get started and can complete the application process online.

Is There a Waiting Period to Have the Child Abuse Offense Expunged?

There is typically a five-year waiting period before you can get a child abuse crime expunged from your criminal record in New Jersey. Once the five years have passed, you can apply for expungement – provided you’ve paid all court fees and fines related to your case and haven’t committed any crimes in the meantime.

It’s also possible to expunge an arrest that didn’t result in a conviction. The court may do this immediately. If you weren’t convicted on child abuse charges, discuss your expungement options with your attorney.

What Is the Division of Child Protection and Permanency?

The New Jersey Division of Child Protection and Permanency (CP&P) oversees matters related to child protection and welfare. The agency investigates child abuse and neglect allegations and takes appropriate actions based on its findings to ensure children are safe.

CP&P is responsible for maintaining a registry of individuals who have abused children. This registry lists individuals reported to and investigated by CP&P. The agency is required to investigate all reports of child abuse in the state of New Jersey. The next steps in a child abuse case depend on the findings and classification of the report.

How Are the Division’s Reports Classified?

CP&P uses a four-tier classification system when evaluating child abuse reports to determine whether the evidence more likely than not establishes abuse. In issuing its findings, the agency considers absolutely substantiating circumstances as well as aggravating and mitigating factors. Using this evidence, they classify each case as one of the following:

• Substantiated — Absolute circumstances demonstrate that the child has been abused or neglected.
• Established — There is evidence of abuse or neglect, but no absolute circumstances are present.
• Not Established — There is evidence of harm or risk of harm, but no absolute circumstances are present.
• Unfounded — There is no evidence that the child has been abused or neglected.

Countless factors will enter into CP&P’s decision-making. The four-tier system is designed to more accurately reflect the nuances of different cases than the previous system, which only used “substantiated” and “unfounded” classifications. While the newer system is an improvement in many ways, creating new classifications also introduces room for errors of judgment that can result in cases being unfairly classified.

How you and your attorney pursue expungement or appeal depends on how CP&P classifies the report of child abuse in your case.

Which of These Reports Can Be Expunged?

Most CP&P reports classified as “unfounded” will be automatically expunged from CP&P records after three years. An exception is if CP&P opens another case under your name. In that case, your report cannot be expunged. Records related to reports that received other classifications cannot be expunged from CP&P records.

Will Any of These Classifications Get Me on the Child Abuse Registry?

A “substantiated” classification will result in your name being added to the child abuse registry. While the consequences of other classifications vary and may still lead to complications for you, they will not result in your name being added to the registry.

Can I Appeal Any of These Decisions?

CP&P is not responsible for charging individuals with child abuse crimes. Instead, they send their reports to the county prosecutor, who must decide whether or not to file charges.

In all cases, you have a right to appeal a CP&P decision. For “substantiated” and “established” classifications, you have 20 days to file an appeal with the Office of Administrative Law. In the appeal, you’ll explain why you believe your name shouldn’t be added to the records. CP&P will review your case and may change the classification of your report.

For a “not established” classification, you may file an appeal with the Appellate Division of the Superior Court of New Jersey. Options for appealing an “unfounded” finding vary.

As soon as you receive notice of classification from CP&P, you should contact an attorney to review your options for potentially appealing the classification and preventing the report from going on your permanent record.

Contact a New Jersey Expungement Counselor

Having a child abuse crime on your record can have a number of negative effects on your life that don’t go away once you’ve completed your sentence. An experienced expungement lawyer can determine whether your child abuse crime can be expunged in New Jersey. If so, we can work to expunge it for you and make it easier for you to move forward with your life.

Contact The Law Office of Jason A. Volet today to learn more about the expungement process and how to appeal a CP&P decision in a free consultation.

Visit Our New Jersey Expungement Law Offices

About the Author

Jason A. Volet
Certified by the Supreme Court of New Jersey as a criminal trial attorney, Jason A. Volet focuses his practice exclusively on criminal and municipal defense in New Jersey and New York. He earned his B.A. in political science from Rutgers College in 1995 and his J.D. from the Hofstra University School of Law in 1998. Mr. Volet began his career in the Monmouth County Prosecutor’s Office, where he gained extensive experience prosecuting both juvenile and adult offenders. Now, as a criminal defense attorney, he uses that experience to fight for the rights of individuals who have been charged with a crime.