Grounds for Expungement in New Jersey
The most important question which must be answered when someone is seeking expungement of a NJ criminal arrest or conviction, is whether he or she is eligible to have the particular criminal record expunged. Eligibility questions concerning expunging a criminal record can be answered easily in most cases by our attorneys. In this regard, New Jersey law imposes relatively clear eligibility requirements which limit the grounds under which someone can expunge a criminal arrest or criminal conviction. There are, however, exceptional situations wherein a deviation from these imitations can be obtained such as, for example, where multiple indictable convictions stem from a scheme or criminal spree. Our expungement lawyers know when and how to present these arguments. Please do not hesitate to contact our office as initial consultations with our NJ law firm are always without charge. A lawyer is available to answer your questions and speak to you immediately.
The following information is provided in order to allow you to gain an understanding of the eligibility laws for expungement in NJ. We handle expungement of criminal records statewide including Monmouth County, Union County, Somerset County, Middlesex County, Ocean County, Essex County, Hudson County, Burlington County and Bergen County.
Types of Cases Which You Cannot Expunge
Records for conviction of the following crimes are ineligible for expungement:
- Criminal Homicide (Except Death by Auto)
- Luring or Enticing
- Aggravated Sexual Assault
- Aggravated Criminal Sexual Contact
- Criminal Sexual Contact (if victim is a minor)
- Criminal Restraint
- Endangering the Welfare of a Child (if based on sexual contact)
- False Swearing
Eligibility Rules for Expungement of CDS Charges
Convictions for sale or distribution of controlled dangerous substance or possession of controlled dangerous substance with intent to distribute or sell, are not subject to expungement unless they involve 25 grams or less of marijuana, or 5 grams or less of hashish. Accordingly, convictions for sale or distribution of cocaine, heroin, or other scheduled drugs are not eligible for expungement so there is no opportunity for expunging these NJ criminal records.
Expungement Eligibility Chart
Under N.J.S.A. 2C:52-7, a person who has committed only one (or no) indictable offense during the course of his entire life will be eligible for an expungement. In other words, someone who was convicted of two or more indictable offenses cannot seek an expungement except under very specific conditions.
The following is a chart that provides general information, the limitations, and waiting periods for expungement of criminal records in New Jersey.
|Indictable Criminal Offenses||One Conviction May Be Expunged (plus up to two Disorderly Persons Offenses)||10 Year Waiting Period from date of Completion of Supervision|
|Disorderly Persons Offenses (Including Petty)||Up to two (2) Convictions May be Expunged Provided Petitioner has No Criminal Convictions||5 Year Waiting Period from date of Completion of Supervision|
|Ordinance Violations||No Limit Provided Petitioner has no Criminal Record and no more than two (2) disorderly convictions||2 Year Waiting Period from the date of Completion of Supervision|
|Juvenile Delinquency Offenses||All Records Subject to Expungement Except those Which would be ineligible if Committed by an Adult||5 Year Waiting Period from the date of Completion of Supervision|
|Records of Young Drug Offenders||No Limit If Conviction is for Possession or Use of CDS||1 Year Waiting Period from date of Completion of Supervision|
|Arrests Not Resulting in Conviction||No Limit||6 Month Waiting Period If Dismissed as a result of a Diversion Program, otherwise, there is no waiting period|
If you want to expunge a criminal conviction or arrest, an attorney with our NJ law office would be happy to assist you. Our law firm will address any eligibility issues and a lawyer will answer all of your questions before the expungement petition is filed. We file expungement applications throughout New Jersey including Union County, Essex County, Somerset County, Monmouth County, Middlesex County, Bergen County, Mercer County, and Burlington County. You can know more about expungement in other counties like Atlantic county.