In New Jersey, our rules a clear as to what are the requirements for having your prior record expunged. As these rules are quite clear, do not hesitate to call to determine whether or not you are eligible.
Pursuant to N.J.S.A. 2C:52-2 the following charges can never be expunged:
- N.J.S.A 2C:11-1 et seq. (Criminal Homicide ), except death by auto as specified in N.J.S.A 11-5;
- N.J.S.A 2C:13-1 (Kidnapping);
- N.J.S.A 2C:13-6 (Luring or Enticing);
- N.J.S.A 2C:14-2 (Aggravated Sexual Assault);
- N.J.S.A 2C:14-3a (Aggravated Criminal Sexual Contact);
- N.J.S.A 2C:14-3B (Criminal Sexual Contact), if the victim is a minor;
- N.J.S.A 2C:13-2 (Criminal Restraint), if the victim is a minor and the offender is not the parent of the victim;
- N.J.S.A 2C:13-23(False Imprisonment), if the victim is a minor and the offender is not the parent of the victim;
- N.J.S.A 2C:15-1 (Robbery);
- N.J.S.A 2C:17-1 (Arson and Related Offenses);
- N.J.S.A 2C:24-4a (Endangering the welfare of a child by engaging in conduct that would impair or debauch the morals of the child);
- N.J.S.A 2C:24-4b(4) Endangering the welfare of a child);
- N.J.S.A 2C:28-1 (Perjury);
- N.J.S.A 2C:28-2 (False Swearing); and
- Conspiracies or attempts to commit such offenses.
CDS Offenses
If convicted for the sale or distribution of a controlled dangerous substance or possession with the intent to distribute, expungement shall be denied except if the crime involved twenty-five (25) grams of marijuana or less; or if the crime involved five (5) grams or less of hashish.
Indictable Criminal Offenses
Any person who has been convicted of a crime in New Jersey and has not been convicted of any prior or subsequent crime, here or in any other jurisdiction, has not been adjudged a disorderly or petty disorderly person on more than two occasions, may, after the expiration of ten (10) years from the date of the conviction, payment of fine, satisfactory completion of probation or parole, or release from incarceration, whichever is later, is eligible.
Disorderly Petty Disorderly Persons Offenses
Any person convicted of a disorderly or petty disorderly persons offense who has not been convicted of any prior or subsequent crime, or of another three (3) disorderly or petty disorderly persons offenses, may, after the expiration of five (5) years from the date of conviction, payment of fine, satisfactory completion of probation or parole, or release from incarceration, whichever is later, is eligible.
Borough Ordinance
Any person found guilty of violating a borough ordinance and who has not been convicted of any prior or subsequent crime, or of two (2) disorderly or petty disorderly persons offenses, may, after the expiration of two (2) years from the date of conviction, payment of fine, satisfactory completion of probation or parole, or release from incarceration, whichever is later, is eligible.
Arrests Not Resulting in Conviction
A person is eligible immediately following the disposition of the proceedings, unless the dismissal is the pursuant to a program of supervisory treatment. You must then wait until six (6) months after the entry of the order of the dismissal.
