Expunging Theft Charges From Your Record in New Jersey

Getting Theft Charges Removed From Your Record in New Jersey

We all make mistakes, especially when we’re young. But in New Jersey, some mistakes can haunt you forever—even after you’ve served your time. I’m talking about theft charges.

In New Jersey, theft—or larceny—is a crime that stays on your record permanently unless you get it expunged. And having a record affects everything from jobs to housing. So if you have an old theft conviction in New Jersey, you probably want to get it removed.

The good news? New Jersey makes it possible to expunge certain theft crimes from your criminal record. But the process can be complicated. This article breaks down everything you need to know about expunging theft charges in New Jersey.

What is Expungement?

Getting your record expunged means having your arrest and conviction records erased. It’s like your theft charge never happened.

When you apply for jobs, housing, schools, etc., you can legally answer “no” when asked if you have a criminal record. Background checks won’t turn up the expunged case. Your slate is essentially wiped clean.

What Theft Crimes Can Be Expunged in New Jersey?

New Jersey allows expungement for “indictable” theft offenses—more serious crimes that could be tried in Superior Court. This includes:

• Theft (larceny)
• Shoplifting
• Receiving stolen property
• Burglary
• Robbery
• Carjacking

You may also be able to expunge “disorderly persons” theft charges, like petty larceny. These are less serious offenses tried in municipal court.

However, some theft crimes can’t be expunged, like cargo theft. And expungement eligibility depends on other factors too, like:

• Your criminal record – You can’t expunge if you have other convictions, with some exceptions.
• How much time has passed – There are mandatory waiting periods, usually 5-10 years.
• The original sentence – PTI or conditional discharges can be expunged sooner.
• Age at the time of offense – Juvenile records are easier to expunge.

As you can see, it gets complicated quick. So talk to an attorney to see if you qualify for expungement.

The New Jersey Expungement Process

If you are eligible, getting a record expunged in New Jersey involves a few key steps:

1. Obtain Your Criminal History Report

You need an up-to-date copy of your record from the New Jersey State Police. This helps you make sure everything you want sealed will be covered.

You can submit a request form and pay a $15 fee to get your report. It takes 1-3 weeks.

2. File the Petition for Expungement

The petition is filed in Superior Court in the county where the theft offense happened. It lists the charges you want erased and why you qualify.

The forms are available online, but it’s smart to have a lawyer draft the petition to avoid mistakes. You’ll also need current court paperwork about any related fines, probation, etc.

Filing fees are about $150. Plus you must pay $75 per arrest/charge you want sealed.

3. Serve the Petition

You have to deliver copies of the petition to a few key parties:

• The county prosecutor’s office
• The State Police expungement unit
• The police department involved in the arrest

This gives them a chance to object if they think you don’t qualify. You can mail the copies via certified mail.

4. Publication Requirement

For indictable offenses, you must publish a copy of the petition in a newspaper local to the offense. This serves as public notice.

You pick the paper and cover the publication fee, usually $50-$75. This must be done at least 2 weeks before your court hearing.

5. Attend the Hearing

This is your chance to present your expungement case before a judge. The prosecutor’s office may argue against it if they object.

But if you meet the requirements, the judge will likely approve the petition and order your records sealed. This takes a few months.

6. Distribute the Expungement Order

Once approved, you must send copies of the expungement order to the same agencies that got the petition – police, State Police, prosecutors, etc. This ensures your record actually gets wiped.

And that’s it! Sit back and enjoy your clean slate in New Jersey.

How Much Does Expungement Cost in New Jersey?

Between filing fees, lawyer fees, publication costs and more, expect to spend $2000 or more to expunge a record in New Jersey.

Public defenders may help those who can’t afford a lawyer. And you can file the paperwork yourself to save legal fees if your case is straightforward.

But cost shouldn’t stop you from seeking expungement if you qualify. Checking “yes” on job and housing applications can cost you far more in lost wages and opportunities over a lifetime.

What Changes After Expungement in New Jersey?

Once your theft conviction is successfully expunged in New Jersey:

• It will no longer appear on background checks or your criminal record.
• You can legally answer “no” if asked about prior convictions on job, school, housing etc. applications.
• Any civil disabilities tied to the offense, like lost voting rights, are restored.
• Your DNA profile is removed from the state database.
• Records of your arrest/conviction are erased from courthouse databases.

However, government agencies can still see expunged records in certain circumstances. And the charge can still be used against you for repeat offenses, like “strikes” laws.

But overall, expungement allows you to move on with your life unencumbered by past mistakes.

When Does Expungement Make Sense?

Getting an old theft crime expunged in New Jersey is smart if:

• You’re having trouble getting jobs, housing, loans etc. due to your record.
• You want to pursue certain careers blocked by your conviction, like banking or education.
• You want to restore your gun ownership rights.
• You are tired of being haunted by youthful mistakes.

However, it may not be worth pursuing expungement if:

• Your theft crime was recent. Wait until you’re eligible.
• You have other convictions on your record that can’t be expunged.
• You’ve been convicted of new crimes since the old theft offense.
• You don’t mind explaining your record to employers/landlords.

For help deciding if and when expungement makes sense in your situation, talk to a New Jersey criminal defense lawyer.

What About Expunging Theft Charges in Other States?

Expungement eligibility and procedures vary widely across the U.S. Some states don’t allow expungement at all.

For example, Pennsylvania, New York and Connecticut all make it possible to seal certain theft convictions. But the waiting periods, costs and requirements differ.

That’s why it’s critical to learn the expungement laws and processes in your state if you want to clear theft charges from your record. Or speak to an attorney who can help.

A Past Theft Charge Doesn’t Have to Limit Your Future

Here’s the bottom line: If you have an old theft conviction in New Jersey limiting your life, you may be able to remove it from your record forever through expungement.

The process takes time and money. But it could be one of the best investments you’ll ever make if it allows you to get the job, loan or apartment you’ve been denied due to your criminal record.

Every situation is different, though. So do your research or set up a consultation with an expungement attorney to explore your options. You could be just one petition away from leaving an embarrassing theft charge in the past where it belongs so you can move forward.

We all make youthful mistakes. You shouldn’t pay for them the rest of your life.