TL;DR
- Most criminal records can be expunged in New Jersey, but serious offenses such as murder, kidnapping, robbery, many sex crimes, arson, drug trafficking, terrorism, perjury, and bribery are permanently ineligible.
- Eligible offenses have waiting periods that begin after you complete your entire sentence: generally 5 years for disorderly persons offenses and 10 years for indictable offenses.
- Alternative options may exist if expungement isn’t available, including appeals (in some cases) or a governor’s pardon, though pardons are uncommon.
- Some records are handled differently, including most juvenile records, which may be cleared automatically after a certain period, and DWI offenses, which are treated as traffic violations rather than crimes.
- An experienced New Jersey expungement attorney can review your record to determine your eligibility and guide you through the expungement process.
If you have an old criminal conviction on your record, then the events that led up to that conviction are probably your biggest regret. Even though the version of you that committed the crime is almost unrecognizable to your current self, the record of the unfortunate incident shows up every time a prospective employer or landlord conducts a background check.
If you think it is unfair that a years-old mistake that you have already learned from and paid the price for follows you around forever, New Jersey law agrees with you. It is possible to petition the court to expunge most criminal records. However, many serious crimes, such as murder, arson, and robbery, are not eligible for expungement under New Jersey law.
For help getting an arrest or conviction record expunged, contact our New Jersey expungement lawyers. We offer free consultations to help you understand which records you may be able to clear and when you become eligible to do so.
Criminal Convictions That Are Not Eligible for Expungement
Not all criminal offenses are eligible for expungement under New Jersey law. The following crimes can never be expunged, no matter how much time has passed since the arrest or conviction that led to them appearing in your records:
- Criminal homicide
- Kidnapping
- Human trafficking
- Luring or enticing
- Sexual assault, aggravated sexual assault, or aggravated criminal sexual contact
- Criminal sexual contact of a minor victim
- Criminal restraint or false imprisonment of a minor victim by a non-parent
- Robbery
- Arson
- Endangering the welfare of a child
- Production or distribution of child exploitative content
- Perjury and false swearing
- Terrorism
- Production of biological, chemical, nuclear, or radiological weapons
- Abuse of public office
- Sale or distribution of a controlled dangerous substance or possession with an intent to sell
- Conspiracy or attempts to commit a crime that is not eligible for expungement
Crimes and Offenses That Can Be Expunged
Most criminal records in New Jersey do become eligible for expungement over time. Common convictions you may be able to clear from your record include:
- Drug possession – Simple possession of a controlled substance, once you have completed your sentence and waited the required period
- Simple assault – A disorderly persons offense that didn’t involve serious injury or a weapon
- Unlawful possession of a weapon – Certain weapons offenses that didn’t rise to the level of an indictable armed crime
- Theft and burglary – Property offenses that didn’t involve violence against any victims
- Vehicular homicide – Reckless driving that resulted in someone else’s death
Why Are Certain Crimes Not Eligible for Expungement?
New Jersey lawmakers enacted the state’s expungement laws to give people a second chance after mistakes, but these laws draw a firm line when it comes to certain serious offenses.
Crimes not eligible for expungement generally include those that involve violence, exploitation of children, or threats to public safety. This is because the legislature determined that the public’s interest in accessing records of these offenses outweighs any individual’s interest in moving past them. Crimes like murder, sexual assault, kidnapping, human trafficking, and arson fall into this category, along with several public corruption offenses.
If you want to know more about what crimes cannot be expunged before you file a petition, an attorney at our firm can review your record and tell you where you stand. Our team includes former county and municipal prosecutors who have handled major crimes, drug offenses, and juvenile cases across New Jersey, so we understand how courts and prosecutors throughout the state apply these rules.
How Soon Can You Expunge Eligible Criminal Records in NJ?
Once you have determined that a criminal record is eligible for expungement, the next step is to find out when it becomes eligible. The answer to that will depend on the specifics of your charges. For instance:
- Indictable and disorderly persons offenses – In most cases, you must wait five years before you can remove these charges. However, there are paths for early expungement.
- Municipal ordinance violations – These minor offenses only have a waiting period of two years.
- Juvenile delinquency adjudications – The waiting period is typically three years in these cases.
- Clean Slate expungement – The Clean Slate law created an automated process that can remove most convictions from public records. This automatic removal occurs 10 years after your most recent conviction, provided you’ve paid any court-ordered fines and completed any mandatory probation or parole.
- No conviction – New Jersey courts can immediately expunge your records if the case is dismissed or you’re acquitted and found not guilty on all counts.
In any case, the waiting period before the record becomes eligible for expungement begins when you complete your sentence, whether it involves imprisonment, probation, or any other conditions – not on the day of your trial or sentencing hearing.
How Does Expungement Work in New Jersey?
New Jersey law allows courts to remove eligible arrest and conviction records from public view through the expungement process. Once a judge grants an expungement, the law treats the arrest, conviction, and related proceedings as if they never happened.
Getting a crime expunged means you can honestly answer questions, such as on job and housing applications, as though you weren’t arrested or convicted. However, some criminal justice, law enforcement, and government agencies can still see an expunged record.
Contact Our Experienced New Jersey Expungement Lawyers
If you still have questions about what crimes can be expunged in your specific case, contact the Law Offices of Jonathan F. Marshall today. With over 250 years of combined experience and proven results, our team of 20 lawyers is dedicated exclusively to criminal defense – and we’re here to help you take steps toward clearing your name.
As our client, John, said: “What at first looked like a bad summer of bad judgment that would drastically alter my life circumstances is now no more than a learning lesson because of the work Marshall’s office did here.”
Contact us today to discuss your situation and find out whether your criminal record can be expunged.
