How does expungement work in New Jersey?
The New Jersey expungement law states in detail who is eligible for an expungement. You should review the current applicable provisions of N.J.S.A. 2C:52-1 through N.J.S.A. 2C:52-32 to determine if you are eligible. If eligible you must prepare and file a …
How many disorderly persons convictions can be expunged in New Jersey?
Jan 29, 2021 · Clean slate expungement is newer in New Jersey, and allows you to have your entire record expunged after 10 years. (But if your record has offenses that are can’t be expunged, you aren’t eligible.) “Drug court expungement” is open to you if you successfully completed drug court or court-ordered rehabilitation, have never been convicted ...
What information can be removed from a court-ordered expungement?
Legal Services of New Jersey has a helpful explanation of the expungement process. Learn more about how to get court records. In most cases, you must wait five years after your sentence is served. All fines and fees must be paid. Sometimes, you can file for expungement after 4 years.
How long does it take to get a marijuana expungement in NJ?
Jul 12, 2018 · How much does an expungement cost in New Jersey? Filing Fees: The New Jersey Superior Courts currently charge $75 to file for an expungement. Lawyer’s Fees: Every expungement case is different. Some cases may only take a few hours of work, while others might require multiple court appearances.
How much does it cost to get your record expunged in NJ?
How much does an expungement cost in New Jersey? Filing Fees: The New Jersey Superior Courts currently charge $75 to file for an expungement.Jul 12, 2018
How long do you have to wait for expungement in NJ?
In most cases, you must wait five years after your sentence is served. All fines and fees must be paid. Sometimes, you can file for expungement after 4 years. You can expunge no more than one indictable conviction and up to three disorderly persons offenses or petty disorderly persons offenses.
How do I file for expungement in NJ?
An eligible person must prepare and file a Petition for Expungement. The Petition for Expungement must be filed in the Superior Court in the county where the arrest or prosecution took place. A judge then decides whether the person should be granted an Expungement Order.
How can I get my record expunged for free in New Jersey?
Free Expungement Assistance for Low Income IndividualsNew Jersey Office of the Public Defender (NJOPD) ... Legal Services of New Jersey (LSNJ) ... New Jersey County Bar Associations. ... Northeast New Jersey Legal Services (NNJLS) ... New Jersey Institute for Social Justice. ... NJ Expungement Forms.Jun 28, 2017
Who is eligible for expungement in NJ?
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.
What crimes can be expunged in NJ?
What type of criminal charge can be expunged in New Jersey?Criminal homicide.Kidnapping.Luring or enticing.Human trafficking.Aggravated sexual assault.Aggravated criminal sexual assault.Criminal sexual contact.Criminal restraint.More items...
How long does a felony stay on your record in NJ?
Crimes or felonies which resulted in a conviction can generally be expunged ten years after you have completed your sentence, paid your fine, or completed parole or probation, whichever comes last.
How can I clear my criminal record?
You can apply to have your criminal record expunged when:a period of 10 years has passed after the date of the conviction for that offence.you have not been convicted and sentenced to a period of imprisonment without the option of a fine during those 10 years.the sentence was corporal punishment.More items...
How long does a misdemeanor stay on your record in NJ?
Am I eligible to have my record expunged in New Jersey?Type of OffenseStandard Waiting PeriodEarly PathwayDisorderly Person's Offense (misdemeanor)5 years3 yearsMunicipal Ordinance Violations2 yearsn/aJuvenile Delinquency3 yearsn/aYoung Drug Offenders1 year for possession or use of CDSn/a4 more rows
How long does something stay on your criminal record?
100 yearsSince 2006, the police retain details of all recordable offences until you reach 100 years of age. Your conviction will always show on your police records but the conviction may not show on your criminal record check that is used for employment vetting purposes.
How do I check if my record is expunged in NJ?
You can call Expungement Unit of the New Jersey State Police to check on the status of their processing. Their phone number is 609-671-7900.
How long can you have a conviction expunged in New Jersey?
Clean slate expungement is newer in New Jersey, and allows you to have your entire record expunged after 10 years. (But if your record has offenses that are can’t be expunged, you aren’t eligible.)
What is expunged record?
An expunged record can also be considered if you apply for a job in law enforcement, corrections, or with the courts, and you have to disclose your record when asked.
How many indictable convictions can you expunge?
Depending on your record, there are different types of expungements you can apply for: In a “regular” or “traditional” expungement, you can expunge one indictable conviction and up to three disorderly persons offenses, or up to five disorderly persons offenses if you have no indictable convictions, Roper says.
What are the types of offenses in New Jersey?
There are several types of offenses in New Jersey, including: Indictable offenses, (called “felonies” in most other states). These are serious crimes that are punishable with jail sentences of six months or more. These often have “degrees,” such as first, second, third, or fourth. Disorderly persons offenses (called “misdemeanors” in most other ...
How long is a disorderly person sentence?
These include crimes such as simple possession or simple assault, and are punishable by less than six months of jail time.
How long do you have to wait to get parole?
If your record contains indictable and disorderly persons convictions, you need to wait five years from your most recent offense or violation.
What is a municipal ordinance violation?
Municipal ordinance violations, which are violations of town or city laws and typically only are punishable by a fine (for example, littering or curfew violations). No matter what the category, many convictions and violations can be expunged after a certain period of time.
How to expunge a conviction in New Jersey?
Every state has its own process for expungements. In New Jersey, you start the process by preparing an Expungement Petition, which includes certain required documentation. You’ll then file these documents with the Superior Court in the county where your arrest or conviction took place .
What is expungement in New Jersey?
But in general, “expungement” is the legal process of clearing an arrest or conviction from your record. New Jersey’s expungement laws are published in sections 2C:52-1 through 2C:52-32 of the official New Jersey Statutes Annotated (N.J.S.A.).
What happens if you expunge a record?
As a result of expungement, any record of your arrest or conviction will be removed from public view. This means background checks will no longer reveal them. But the records will not be destroyed. As described below under Future Uses of Expunged Records, your expunged record may still be used in limited circumstances.
How long does it take to get an early pathway expungement in New Jersey?
Early expungement is possible after five years instead of six years for indictable offenses, and after three years instead of five years for disorderly persons offenses. To get early expungement:
How long is the waiting period for an indictable offense in New Jersey?
As part of the changes to New Jersey’s expungement laws that took effect on October 1, 2018, the waiting period for an indictable offense was shortened from ten to six years. The waiting period is five years for a disorderly persons offense and two years for a municipal ordinance violation.
What happens if a judge expunges a record in New Jersey?
The Expungement Order will direct all New Jersey criminal justice and law enforcement agencies to remove and isolate your record from their databases. This means your expunged record will no longer appear on background checks.
What is Rosenblum law?
Rosenblum Law is a criminal defense law firm dedicated to serving clients throughout New York and New Jersey. With over 50 years of collective education and experience, our attorneys have the skills and knowledge necessary to defend your rights. When your freedom and future are on the line, we’ll fight tirelessly on your behalf and guide you with professionalism, transparency, and respect. Visit us online at www.rosenblumlaw.com.
What is an expungement in court?
An expungement is the removal, sealing, impounding, or isolation of all records on file within any court, detention or correctional facility, law enforcement or criminal justice agency. A court-ordered expungement can remove the following information:
How long do you have to wait to get your sentence expunged?
In most cases, you must wait five years after your sentence is served. All fines and fees must be paid. Sometimes, you can file for expungement after 4 years. You can expunge no more than one indictable conviction and up to three disorderly persons offenses or petty disorderly persons offenses.
Can you translate the New Jersey Judiciary website?
The Website of the State of New Jersey Judiciary (Judiciary) may be translated for your convenience using software powered by Google Translate, a free online language translation service that can translate text and web pages into different languages.
Can a drug court be expunged?
The court can order an immediate expungement if a case is dismissed or the defendant is acquitted and found not guilty on all counts. Drug Court Expungement - N.J.S.A. 2C:35-14 (m) The court can order the drug court expungement when you graduate from drug court.
How to get an expungement in New Jersey?
How can you get an expungement in New Jersey? To get an expungement, a judge must review your case and decide that you are reformed. The decision to erase a person’s criminal history is not taken lightly, and you must demonstrate to the court that you deserve a second chance.
What happens if you get expunged in New Jersey?
If an order for expungement is granted, any and all records of your arrest and conviction, and any related proceedings, are sealed away in the state’s records. According to New Jersey law governing the expungement process “arrest, conviction and any proceedings related thereto shall be deemed not to have occurred, ...
How long can you go back for a DUI in New Jersey?
New Jersey does this because the penalty for DUI is supposed to increase with each offense as a deterrent, and the courts can look back up to 10 years and consider old DUI arrests when sentencing someone for a new DUI.
How long does it take to get your records expunged?
Once your expungement is granted by a court, an order goes out to all relevant government agencies to seal your records. This can take up to a month from the official date of your expungement.
How much marijuana is not eligible for a 10 year sentence?
Crimes involving more than 25 grams of marijuana, 5 grams of hashish, or any other controlled substance are not eligible. Juvenile Crimes Expungement: If an offense committed as a minor would have carried a felony charge as an adult, the 10 year period still applies.
Is expungement a lawyer?
Beware of Misleading “Expungement Services”: Many companies which claim to offer low-cost expungements are not actually lawyers. They’re overpriced form-preparers who cannot offer your legal advice or appear in court on your behalf if they cause a problem.
Can you enlist with an expunged criminal record?
This includes confidential medical records, juvenile court records, and expunged or pardoned criminal records. You can enlist with an expunged criminal record, but it is the discretion of your local recruitment station.
What is an expungement order?
The Expungement Order is the official document that will be signed by the judge if your Petition for Expungement is granted. Complete the Expungement Order by following the instructions for Form C.
How long does it take to get an order for hearing?
The Superior Court judge assigned to your case will usually schedule a hearing between 35 and 60 days after he or she gets your petition. Fill out the Order for Hearing by following the instructions for Form B.
What happens if an expungement is granted?
Unless otherwise provided by law, if an order of expungement is granted, the arrest, conviction and any proceedings related thereto shall be deemed not to have occurred, and the [person] may answer any questions related to their occurrence accordingly . . . .
How many convictions can be expunged?
While only a single expungement may be granted in a lifetime, an application by petition may seek expungement of up to four separate convictions, only one of which may be an indictable offense. §§ 2C:52-2 (a), -3 (b). (The general cap on the number of petitions was raised from three to four in 2019.)
What is an indictable offense in New Jersey?
An “indictable offense” includes all crimes but not petty offenses. N.J. Stat. Ann. §§ 2C:51-3 (a) and (b), 2C:1-4 (b) (“petty offenses . . . are not crimes within the meaning of the Constitution of this State”).1. The right to serve on a jury is lost upon conviction for “any indictable offense.” § 2B:20-1 (e).
What is automatic sealing?
Marijuana offenses. Automatic sealing: Section 6 of the 2019 law (further amended by the 2021 law) directed the development, within three months of the law’s effective date, of an automatic system for sealing records from the public for specified indictable and disorderly marijuana or hashish offenses. § 2C:52-5.2.
Can an indictable offense be expunged?
Stat. Ann. § 2C:52-2, as amended in 2019. Expungement may only be granted for a single indictable offense in a person’s lifetime unless the convictions were part of the same judgment or were “interdependent or closely related.” § 2C:52-14 (e). Most serious and violent offenses, and serious drug offenses are ineligible, as are offenses committed by public officials and employees that “touched” the public office or position. §§ 2C:52-2 (b) & (c).5
What is a disqualification based on a conviction?
Under N.J. Stat. Ann. § 2A:168A-2, no licensing board may discriminate against or disqualify an applicant based upon conviction of a crime unless the conviction “relates adversely to the occupation, trade, vocation, profession or business for which the license or certificate is sought.” Exceptions are the bar to public employment in the Forfeiture Act, discussed supra, and the bar to licensure as a mortgage originator in § 17:11C-57. Any disqualification based upon conviction must be explained in writing in terms of specific enumerated factors. A licensing authority is “precluded” from “disqualifying or discriminating against” an applicant who has been pardoned, had the conviction expunged, or been granted a certificate by a parole board or court indicating that “the applicant has achieved a degree of rehabilitation indicating that his engaging in the proposed employment would not be incompatible with the welfare of society.” § 2A:168A-3. This provision is discussed in greater detail in Part III, infra.
What are the collateral consequences of a conviction?
Ann. § 2C:51-1 (a), derived from section 306.1 of the Model Penal Code, limits the collateral consequences of conviction to those that are necessarily incident to the execution of the court-imposed sentence, that are provided by the constitution or a statute, or that are provided by the order or regulation of a court or public official exercising a jurisdiction conferred by law “when the commission of the offense or the conviction or the sentence is reasonably related to the competency of the individual to exercise the right or privilege of which he is deprived.”
What is an early expungement?
Early expungements refer to those cases where the petitioner (the individual seeking an expungement) is applying to expunge their offense on an early basis.
What is the difference between a regular expungement and an early expungement?
With standard expungements in New Jersey, as long as the petition meets the requisite time period of 5 years, the petitioner is “presumptively entitled” to an expungement, meaning that the judge will grant the petitioner’s request for expungement regardless of any other considerations.
What is required for an early expungement case?
Due to the nature of early expungement cases, the prosecutor is likely to object to your expungement. If the prosecutor objects to your expungement, your attorney will need to prepare a legal brief outlining all of the reasons as to why you deserve an early expungement. Moreover, almost all early expungement cases will require a court appearance.
What standard does the court apply in determining whether or not to grant my early expungement request?
In determining whether or not to grant your request for an early expungement, the judge assigned to handle your case will analyze whether:
What types of documentary evidence should be included to prove that expungement would be in the public interest?
In order to demonstrate compelling circumstances, the following types of documentary evidence should also be included as exhibits to your expungement brief:
Should I retain an attorney to represent me on my early expungement?
Early expungements are considered complex expungements in New Jersey. It is therefore highly advised that you retain an attorney to represent you if you are applying for an early expungement. This is because, as discussed above, there are many requirements that must be met — over and above what is required for a standard expungement in New Jersey.
Katherine O'Brien
New Jersey expungement lawyer Katherine North O’Brien has been practicing expungement law for her entire career and has handled hundreds of complex criminal record expungements. She has also assisted in the drafting of briefs on expungement issues before the New Jersey Supreme Court.