New Jersey law allows an individual who has been convicted of certain crimes in the state to have their criminal record expunged. Once your criminal record is expunged, anything on it is considered not to have occurred. Afterward, you may say in a job interview or similar situation that you have never been convicted of a crime.
To qualify, you must have completed all requirements of your sentence and a specified amount of time must have passed with no additional criminal charges. A New Jersey expungement lawyer can help.
Expungement in New Jersey is the removal of all records on file within any court, correctional facility, law enforcement, criminal justice, or juvenile justice agency concerning a person’s arrest, detention, or disposition of an offense within the criminal or juvenile justice system.
Many criminal convictions and juvenile adjudications of delinquency for indictable offenses, disorderly or petty disorderly persons offenses, and violations of municipal ordinances can be expunged.
Any person who qualifies may file a Petition for Expungement in the Superior Court in the county where they were arrested or prosecuted as an adult or adjudicated as a juvenile. A judge then decides whether to grant an Expungement Order.
Petitioning for expungement requires submitting records related to arrests, convictions, and sentences as well as several completed forms and other documents, along with your petition.
The New Jersey Administrative Office of the Courts (AOC) has prepared a 36-page guide to filing a Petition for Expungement. The AOC says “it is a good idea to get a lawyer” to assist with your petition for expungement. In the Monmouth County area, the experienced New Jersey expungement attorney at The Law Office of Jason A. Volet can help you pursue an expungement of your criminal records.
Crimes That Can and Cannot Be Expunged in NJ
While most people ask what crimes can be expunged in New Jersey, it is easier to say what crimes cannot be expunged. They include the most serious offenses against individuals and society:
- Criminal Homicide, except death by automobile
- Kidnapping
- Luring or Enticing a child for criminal purposes
- Aggravated Sexual Assault
- Aggravated Criminal Sexual Contact
- Criminal Sexual Contact if the victim is a minor
- Criminal Restraint, if the victim is a minor and the offender is not the parent of the victim
- False Imprisonment, if the victim is a minor and the offender is not the parent of the victim
- Robbery
- Arson and related offenses
- Sale or Distribution of a Controlled Dangerous Substance or Possession with Intent to Distribute, unless charges involved 25 grams or less of marijuana or 5 grams or less of hashish
- Endangering the Welfare of a Child
- Perjury
- False Swearing
- Conspiracies or attempts to commit the offenses above.
The offenses listed above cannot be expunged.
Who Qualifies for Expungement in NJ?
Typically, an offender qualifies for expungement of eligible convictions and related arrests, incarceration if the individual has completed the sentence handed down upon conviction and has not had any additional charges, and a specified amount of time has passed. However, you may be eligible for an expungement if you still owe money for restitution or other court-ordered financial assessments. You will need to contact the appropriate Probation Division Office or municipal court to obtain the correct amount owed and state it on your Petition for Expungement.
For an indictable criminal offense conviction, you must wait 10 years from the date of conviction, satisfactory completion of probation or parole, or release from incarceration, whichever is later. During this time, you must not have been convicted of any prior or subsequent indictable crime in New Jersey or elsewhere and not have been found guilty of a disorderly or petty disorderly persons offense more than twice.
For a disorderly or petty disorderly persons offense conviction, you must wait 5 years after the date of conviction, satisfactory completion of probation or parole, or release from incarceration, whichever is later. During this time, you must not have been convicted of a prior or subsequent indictable crime in New Jersey or elsewhere and not have been found guilty of a disorderly or petty disorderly persons offense more than three times.
For a violation of a municipal ordinance conviction, you must wait 2 years after the date of conviction, payment of fine, satisfactory completion of probation or parole, or release from incarceration, whichever is later. During this time, you must not have been convicted of any prior or subsequent indictable crime in New Jersey or elsewhere and not have been found guilty of a disorderly or petty disorderly persons offense more than twice.
If you were arrested but found not guilty or charges were dismissed, you may petition for expungement of the arrest immediately. However, if charges were dismissed in exchange for you completing some kind of supervised treatment program, you must wait until 6 months after the order dismissing charges, which would be filed upon completion of the program.
An early pathway expungement may be available after 5 years for an indictable offense, after 3 years for a disorderly persons or petty disorderly persons offense, or after 2 years for a municipal ordinance violation. You must not have been convicted of any additional offense and the court must find that it is in the public interest for your record to be expunged. You will need an attorney to prepare a legal brief outlining why you deserve an early expungement, and you or others may be required to testify.
Contact an Experienced New Jersey Expungement Counselor Today
If you believe you are eligible to have your New Jersey criminal record expunged, schedule a free consultation with The Law Office of Jason A. Volet today. Jason Volet is an experienced NJ expungement lawyer. He and his skilled legal team have assisted many people who deserve a second chance and a clear record.
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.
