Can I get my criminal record expunged in New Jersey?

Can I Get My Criminal Record Expunged in New Jersey?

Getting your criminal record expunged in New Jersey can be a confusing process. I’m here to walk you through it and answer all your questions in plain English, not confusing legal jargon. I’ll explain who’s eligible, what crimes can and can’t be expunged, how the process works, and what happens afterwards. My goal is to make this as simple as possible for you.

What is Expungement?

An expungement is the removal of your criminal record from public view. If you get an expungement, your arrest and conviction will still show up if someone does a background check, but it will say “Expunged” on it. The records aren’t totally erased, but they’re sealed from the public so most people can’t see them.

Who’s Eligible for Expungement in New Jersey?

There are a few requirements you need to meet to get your record expunged in New Jersey:

• You can only expunge indictable offenses (felonies) if you have been convicted of no more than 1 crime
• You can expunge up to 3 disorderly persons offenses (misdemeanors) if you have 1 felony conviction
• You can expunge up to 4 disorderly persons offenses if you have no felony convictions
• There are mandatory waiting periods after conviction – 5 years for indictable offenses, 3 years for disorderly persons offenses
• All fines and probation terms need to be completed

So in a nutshell, you can get 1 felony OR up to 4 misdemeanors expunged after waiting the required amount of time. The number of crimes you can expunge goes up if you qualify for a “clean slate” expungement, which I’ll explain more later.

What Crimes Can Be Expunged in New Jersey?

Most crimes can be expunged in New Jersey, with some exceptions. Here are the main crimes that CANNOT be expunged:

• Criminal homicide (murder, manslaughter)
• Kidnapping
• Human trafficking
• Aggravated sexual assault
• Sexual assault of minor
• Child pornography offenses
• Distribution of illegal drugs (except small amounts of marijuana)

As you can see, the most serious violent crimes and sex offenses cannot be expunged. But many other common crimes like theft, fraud, drug possession, burglary, robbery, assault etc. are eligible for expungement after the waiting period.

How Does the Expungement Process Work?

Here are the basic steps to get your record expunged in New Jersey:

1. Figure out your eligibility – what crimes you were convicted of, when they occurred, etc.
2. Obtain your criminal history record from the state police to review your charges
3. Complete the Petition for Expungement form
4. File the petition in the county where you were arrested or prosecuted
5. Serve copies of the petition on the required government agencies
6. Attend your court hearing (or possibly waive the hearing)
7. If approved, serve copies of the Expungement Order on the required agencies

It looks like a lot of steps, but it’s pretty straightforward once you get the hang of it. I’ll go over each step in more detail throughout this article so you know exactly what to expect.

Step 1: Determine Your Eligibility

The first thing you need to do is review your criminal record and determine what convictions are on it. Get the details like date of arrest, crimes charged, date of conviction, and sentence. Then you can figure out if you’re eligible to expunge based on the rules I discussed earlier.

You can request a copy of your criminal history record from the New Jersey State Police. There’s a form to fill out and small fee. This will list your past convictions, acquittals, and dismissals in New Jersey. Review it closely so you understand what is on your record.

Step 2: Complete the Petition for Expungement

Once you’ve determined your eligibility, next you need to complete the Petition for Expungement form. This is a court form that provides information about your criminal record and requests expungement. Make sure to follow all instructions and fill it out completely.

You’ll need information like your personal details, criminal case numbers, arrest details, convictions, and sentences. The form also asks you to explain why you should be granted an expungement. Keep your answers brief but emphasize how you’ve turned your life around and deserve a second chance.

Step 3: File the Petition in County Court

After completing the petition, you need to file it at the county courthouse in the county where you were arrested. If you were arrested in multiple counties, file it in the county that had the most serious charges against you.

You must also pay a filing fee, though low-income individuals can request a waiver. File the original and two copies – you’ll need the extra copies later.

Step 4: Serve Copies on Required Agencies

Once you’ve filed the petition, you must send photocopies to various government agencies: the State Police, Attorney General’s office, the county prosecutor’s office, the probation department, and the police department involved with your arrest. These agencies need to be notified so they can review your record and decide if they object to expungement.

You should send the copies by certified mail so you have proof they received them. Keep the mailing receipts as proof.

Step 5: Attend Your Court Hearing

The court will schedule a hearing date about 35-60 days after you file the petition. You must attend this hearing before the judge. Make sure to dress appropriately and arrive early.

The judge will ask you questions about your petition and the details of your criminal record. Answer honestly – don’t try to downplay your crimes. The prosecutor may also question you and present objections if any agencies don’t want your record expunged.

If there are no objections, the judge may grant your expungement right then. If not, they may take time to review before making a decision. Don’t get discouraged by delays – it’s all part of the process.

Step 6: Serve Copies of the Expungement Order

If the judge approves your expungement, you’ll receive a signed Expungement Order in the mail. You then need to send copies of this order to all the same agencies you sent the petition to. This notifies them that your record is now expunged.

Make sure to keep the original order in a safe place in case you ever need to prove your record was expunged!

What is a “Clean Slate” Expungement?

In 2019, New Jersey passed a new “clean slate” expungement law that expanded eligibility. This law allows people to expunge their entire criminal record, not just up to 4 disorderly persons offenses.

You qualify for a clean slate expungement if:

• 10+ years have passed since your last conviction
• You have completed your sentence
• You have no pending charges

The major benefit is there is no limit on the number of convictions that can be expunged after 10 years. This gives people with long criminal histories a chance at a fresh start.

What Happens After My Record is Expunged?

After you receive the final Expungement Order, your record will not disappear overnight. It takes time for the court and agencies to process the order. But eventually your record will be sealed from public view so most people can’t see it.

You can legally answer “no” if asked whether you have a criminal record on job applications, housing applications, school applications, etc. Your past convictions should not show up on most background checks either.

However, law enforcement agencies will still have access to expunged records. And federal agencies like immigration and border services can still see expunged convictions. Also, private companies that perform fingerprint-based background checks will still get your criminal history.

So while expungement offers many benefits, it does not completely erase your record as if the crimes never happened. But it still gives you a major second chance by sealing your record from most people and institutions.

Should I Hire an Attorney?

You can request an expungement on your own without an attorney. But the process can be complex, so having a lawyer’s help is recommended. An attorney knows all the intricacies of expungement law and can walk you through the process smoothly.

Consider hiring an attorney if:

• Your record is extensive
• Your crimes are serious felonies
• You have questions about eligibility
• You need help obtaining records
• You are unsure how to fill out forms
• You want someone experienced at your hearing

Shop around to find an affordable attorney that specializes in expungements. Most offer free consultations. The lawyer’s fees may save you headaches in the long run.

Should I Use an Online Service?

There are websites that offer to help you expunge your record for a fee like LegalMatch or NJ Expungement Services. They provide eligibility checks, help obtain your records, prepare your forms, and file everything for you so it’s more convenient.

Using an online service can be easier than doing it yourself. But it doesn’t replace working with an attorney. I’d recommend at least consulting with a lawyer before using a website so you understand the process and your options.

Should I Apply for Early Expungement?

In 2018, New Jersey introduced “early pathway” expungements. This allows you to apply after 5 years instead of 10 years for indictable offenses, and 3 years instead of 5 years for disorderly persons offenses.

To qualify for early expungement, you must prove you have been rehabilitated and that expungement is in the public interest. The court has discretion whether to grant it.

Applying early can speed up cleaning your record. But it’s an uphill battle convincing the court if your crimes were serious. Speak with an attorney to see if you may qualify for early expungement in your situation.

What Else Should I Know?

Here are some final tips for getting your criminal record expunged in New Jersey:

• Act sooner rather than later – don’t delay once eligible
• Be patient as the process can take 6-12 months
• Be honest and take responsibility at your hearing
• Keep copies of all forms and documents
• Update your petition if you’re arrested again while it’s pending
• Get certified dispositions for out-of-state convictions
• Make sure fines are paid – courts can check!
• Don’t try to hide or downplay anything

I hope this article has helped explain the expungement process in New Jersey. It can be complicated but is well worth it for a fresh start. Let me know if you have any other questions!