NJ Eligibility Requirements for NJ Expungement

Eligibility Requirements for NJ Expungement

In New Jersey, having prior criminal convictions expunged from your record requires meeting strict eligibility criteria. The state has set waiting periods, limits on the number and severity of convictions, and other standards that must be satisfied before qualifying for expungement. Understanding these requirements is essential for those seeking a clean slate.

Expungement Waiting Periods in New Jersey

Those seeking expungement must adhere to certain waiting periods after conclusion of their criminal cases before becoming eligible. General requirements are [1]:

• 10 years for indictable offenses (felonies)
• 5 years for disorderly persons offenses (misdemeanors)
• Immediately upon payment of court-ordered financial obligations

The waiting period runs from the date of conviction, completion of probation, or release from incarceration – whichever is latest. The clean slate law eliminated any waiting period for most municipal ordinance violations.

Limits on Number of Convictions

Those with only a small number of isolated convictions are more likely to qualify for expungement. There are limits on the number of convictions that can be expunged:

• Up to 3 indictable convictions
• Up to 4 disorderly persons offenses
• Up to 3 petty disorderly persons offenses
• Any number of municipal ordinance violations

Having convictions exceeding these limits makes expungement more difficult, but possible in some cases.

Type of Convictions That Can Be Expunged

Many New Jersey convictions are eligible for expungement, but some exceptions exist where expungement is prohibited. These include [2]:

• Perjury
• False swearing
• Human trafficking
• Abandonment or neglect of elderly, disabled or child
• Endangering the welfare of children
• Lewdness
• Luring, enticing child into motor vehicle, structure or isolated area

Convictions for serious violent crimes and sex offenses tend to be ineligible. An attorney can advise whether a specific offense qualifies.

Dismissed Charges vs. Convictions

In addition to convictions, many dismissed criminal charges can also be expunged in New Jersey. The waiting period is 5 years for dismissed indictable charges and 3 years for dismissed disorderly persons charges [3].

However, prosecutors can object to expunging dismissed charges if they may be re-filed in the future due to evidence issues.

Out-of-State and Federal Convictions

Only New Jersey state convictions are eligible for expungement through the NJ courts. However, convictions from other U.S. states or under federal law may qualify for expungement or record sealing under those jurisdictions’ laws [4].

An attorney licensed in the relevant state or federal district can advise on options for clearing out-of-state or federal records.

Juvenile Expungement

Juvenile records can be expunged immediately upon turning 18 or after 5 years from the final discharge of the sentence – whichever is later. The waiting period is reduced to 3 years for successful diversionary program completion [5].

Juvenile expungement often requires showing rehabilitation, but does not have strict conviction limits like adult expungement.

Fully Satisfying Sentence Requirements

All fines, fees, restitution, probation terms and other court-ordered obligations must be fully satisfied before expungement can occur. This includes [6]:

• Fines paid in full
• Restitution paid to victims
• Probation completed with no violations
• All court appearances made
• Any community service completed

Outstanding monetary obligations can prevent expungement eligibility.

Requirement to Disclose Entire Criminal History

It is essential that expungement petitioners disclose their entire criminal record history to their attorney. This includes all arrests, charges, convictions, violations, and expungements or other clearance from any jurisdiction – even out-of-state. Failure to fully disclose can result in denial of expungement and even criminal charges for falsifying the petition.

Consult an Attorney on Eligibility

Given the complex eligibility rules, consulting with an experienced expungement attorney is highly recommended. The attorney can review your complete criminal background and advise if you meet the current requirements in New Jersey for expunging part or all of your record.