You can usually expunge one indictable crime and three disorderly persons charges from your record after waiting four to five years in New Jersey, though exceptions apply. Records of recovery court matters, some marijuana charges, and arrests that don’t result in a conviction can also be expunged.
Expungement is a great way to get a fresh start and open new doors for your future, but not all charges are eligible for expungement in New Jersey. Furthermore, the process of seeking and obtaining an expungement is complex and time-consuming, and even minor errors can cause huge setbacks.
At the Law Office of Jason A. Volet, we’re here to help you understand the expungement process in New Jersey and support you as you move forward from the past. Our team believes in second chances. We will work hard to secure your expungement so you’re free to apply for loans, interview for new jobs, and take back your life without constantly looking over your shoulder.
Contact us for a free initial case review to learn more.
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What Is Expungement?
Expungement is the removing, sealing, impounding, or isolating of certain records on file within a court system, detention center, correctional facility, law enforcement office, or criminal justice agency. Records of arrests, court proceedings related to your case, criminal or juvenile convictions, and the outcomes of criminal cases, including sentencing records, are eligible for expungement.
An expungement effectively removes all or some of your criminal history from public records. Our experienced New Jersey expungement lawyer can guide you through every stage of the expungement process. From reviewing your eligibility for expungement to preparing your petition and appearing on your behalf in court, we can handle every aspect of your expungement case so you can focus on your future.
What Sort of Charges Cannot Be Expunged?
Records of some criminal charges, including charges for conspiracy to commit certain crimes, cannot be expunged in New Jersey. These charges include:
- Criminal homicide, except death by auto
- Kidnapping
- Luring or enticing
- Human trafficking
- Sexual assault or aggravated sexual assault
- Criminal restraint
- Criminal sexual contact or aggravated criminal sexual contact
- False imprisonment
- Robbery
- Arson and related offenses
- Perjury
- Terrorism
- Sexual exploitation of a child and related offenses
Although New Jersey now has a “clean slate” law aimed at making the expungement process more accessible, these crimes remain ineligible for expungement due to their serious nature. Additionally, motor vehicle offenses are usually ineligible for expungement because New Jersey limits expungements to criminal records. Accordingly, DUI convictions are also ineligible for expungement.
Can a Charge for the Distribution of Drugs Be Expunged?
Whether a conviction for the distribution of drugs can be expunged from your record depends on the type of drug and amount at issue. New Jersey courts could deny your petition for expungement unless your drug distribution charge involves:
- Marijuana, less than one ounce
- Hashish, less than five grams
- Any controlled dangerous substance (CDS) conviction of the third or fourth degree
How Long Does the Expungement Process Usually Take?
Each case is unique, so the timeline for your expungement case could vary depending on the circumstances of your criminal record. However, expungement cases often average from as early as nine months up to two years. Should the prosecutor object to your expungement, the timeline for the expungement could take more time. The time period could be extended if you must appear in court with your attorney to respond to the objection and defend your expungement petition.
After your hearing, the court will consider arguments from the prosecution and your expungement attorney. If the court approves your petition, it will issue an order of expungement which effectively clears your record of the criminal charges. However, your lawyer must provide the order to any government entities possessing your record to officially erase the conviction from public records. Your criminal convictions will remain on public criminal record databases until your lawyer provides the court order.
What Is the Clean Slate Law?
The Clean Slate Law is a relatively new expungement law in New Jersey. Under this law, you could be eligible for a “clean slate” and have your entire criminal record, including arrests and convictions, expunged 10 years after you complete court supervision. Your entire record could be expunged under this law even if you were unable to expunge an offense in the past due to a prior expungement or multiple indictable offenses. However, serious charges which cannot be expunged, such as homicide and arson, are still not eligible for expungement under the clean slate law.
New Jersey Courts anticipate having an automated clean slate process in the near future. Once that system is implemented, an expungement petition will not need to be filed. Instead, the court will automatically expunge your record of eligible arrests and convictions after the 10-year period without the need for all the red tape.
Contact a New Jersey Expungement Adviser
New Jersey expungement law is complex and often confusing. When you want to remove criminal charges from your public record as soon as you are eligible, our experienced criminal expungement lawyer can help. We can review your record, assess your eligibility for expungement, and advocate for your interests in court. With an experienced attorney from the Law Office of Jason A. Volet on your side, you can rest assured that your expungement petition is in good hands.
If you want to expunge a criminal charge from your record in New Jersey, reach out to the Law Office of Jason A. Volet. Once a prosecutor but now solely handling criminal defense cases, Mr. Volet thoroughly understands New Jersey’s expungement process. When you come to us for help, you’ll have a dedicated, compassionate team fighting for you. We want to help you get the fresh start you deserve with an expungement.
Contact us anytime, 24/7, for a free consultation with our New Jersey expungement lawyer.
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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.
