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.
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.
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 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.
