New Jersey Expungement Eligibility Chart
If you’re seeking an expungement in New Jersey, you’re not alone. Many people with records want to clear their names and move forward with their lives. Whether you are trying to improve your job prospects, apply for housing, or leave the past behind, an expungement can help you achieve your goals.
However, the timeline to apply for expungement in New Jersey is not the same for everyone. Waiting periods may limit your eligibility based on the type of offense on your record. The Law Office of Jason A. Volet provides an eligibility chart for expungement below. Use the chart as a guideline, but remember that unique situations may apply depending on the circumstances. For a personalized review of your case, contact our law firm today for an initial case review.
What Is Expungement and How Do I Get One?
According to New Jersey law, expungement refers to extracting, sealing, or isolating any records related to warrants, arrests, trials, detentions, or convictions on file with the court system, correctional facilities, or law enforcement agencies. In other words, expungement is a legal process that involves sealing or erasing a criminal record so that it is not visible to future employers, landlords, or other parties.
To apply for expungement in New Jersey, you must meet certain eligibility criteria, such as completing your sentence and not having any pending charges. You must file a petition for expungement with the Superior Court in the county where the conviction occurred. Additionally, you must notify the prosecutor’s office and other relevant parties.
When Does the Expungement Waiting Period Start?
In most cases, the expungement waiting period begins on the date of conviction or the date of release from incarceration. Sometimes the waiting period might not begin until you have completed parole or satisfied other requirements, such as paying a court-ordered fine. The waiting period for expungement varies depending on the type of conviction and the nature of the offense.
Can You Apply for Early Expungement?
In most cases, you must wait a certain number of years after conviction before applying for expungement. Usually, the waiting period for a felony or disorderly persons offense is five years from the date the petitioner completed their sentence, including the substantial payment of court-ordered fines. However, a person could petition for the expungement of a felony within four years of completing their sentence if certain conditions apply. For a disorderly persons offense, a petitioner could apply for an early expungement within three years.
Besides fulfilling the applicable waiting period, the individual must also present evidence to the court showing why they deserve an early expungement. This is called meeting the “compelling circumstances” standard. Potential evidence to show that compelling circumstances exist is proof that you worked to better yourself in some way (i.e., education) or how your conviction has prevented you from obtaining opportunities in the community (i.e., getting a loan or job). An experienced New Jersey expungement lawyer from the Law Offices of Jason A. Volet can help you collect the documentation supporting your case for early expungement.
Is Any Criminal Offense Eligible for Expungement?
Only certain criminal offenses are eligible for expungement in New Jersey. Here are the eligibility requirements and waiting periods that apply to expungement petitions for different types of offenses:
| Type of Offense or Record | Waiting Period | Eligibility Requirements |
| Municipal ordinance violations | Two years from the date of conviction, payment of fine, release from incarceration, or completion of probation | No limit, as long as you have no felony convictions and no more than two disorderly persons offense convictions |
| Disorderly persons offenses | Five years from the date of conviction, or three years if you file for early pathway expungement | Can expunge up to five disorderly persons convictions if there are no indictable crimes on your record. If there are, you can expunge up to three disorderly persons offenses. |
| Indictable crimes | Five years after the date of conviction, or four years if you file for early expungement | Can expunge one indictable crime if you have no more than three disorderly persons convictions. Alternatively, you can expunge the most recent indictable crime if you have two on your record. |
| Fourth-degree crimes and disorderly persons offenses involving marijuana | No waiting period | No limit |
| Third-degree crimes involving marijuana | Five years from the date of conviction, or three years if you file for early pathway expungement | Can expunge up to five convictions if you have no indictable crimes on your record and up to three of these convictions if you do |
| Drug crimes involving young offenders | One year from the date of conviction or discharge from parole, probation, or custody | No limit to the number of drug crimes you can expunge from your record if you are under 21 and the crimes involve the use or possession of a controlled dangerous substance |
| Records of pre-trial interventions, conditional discharges, and conditional dismissals | Six months from the date of the intervention, discharge, or dismissal | No limit if the records are related to pre-trial interventions, conditional discharges, or conditional dismissals |
| Records of arrests that did not result in convictions | No waiting period | No limit if the records are for an arrest that didn’t result in conviction, such as a dismissal, acquittal, or not guilty verdict |
| Clean slate expungement (also called Cunningham Cleanser) | 10 years | Clears entire record 10 years after most recent conviction or completed payments of fines, parole, or probation |
Under New Jersey law, records of certain criminal offenses are permanently ineligible for expungement, including:
- Murder
- Manslaughter
- Treason
- Anarchy
- Kidnapping
- Rape
- Forcible sodomy
- Arson
- Perjury
- False swearing
- Robbery
- Luring or enticing
- Human trafficking
- Sexual assault
- Aggravated sexual assault
- Criminal sexual contact
- Criminal restraint
- Child pornography
- Child prostitution
- Terrorism
Contact a New Jersey Expungement Adviser
Questions about expungements in New Jersey? The Law Office of Jason A. Volet can help. Our law firm is committed to assisting people in restoring their good name and moving on with their lives. Call or contact us today for a free consultation.
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