The Limitations of Expungement of Criminal Records in New Jersey

The Limitations of Expunging Your Criminal Record in New Jersey

Getting arrested or convicted of a crime can haunt you for the rest of your life. Your criminal record follows you when you apply for jobs, housing, loans, and schools. It feels unfair to keep paying over and over for a bad choice you made in the past.

Luckily, New Jersey understands in giving people second chances. The state lets you erase or “expunge” past arrests and convictions from your record in some cases. This article explains how New Jersey’s expungement laws work. We’ll also talk about the limits and exceptions.

What is Expungement in New Jersey?

When a record gets expunged in New Jersey, it’s taken off the public record. It’s like the arrest or conviction never happened. The state won’t disclose the records to most employers, landlords etc. Background checks won’t turn the records up anymore.

Expungement gives you a clean slate and chance to move on with life. It opens up more job and education opportunities.

What Criminal Records Can Be Expunged in New Jersey?

New Jersey’s expungement law lets you erase records for:

• Most disorderly persons offenses – like shoplifting, trespass, simple assault.
• Most municipal ordinance violations – like noise or curfew violations.
• Most juvenile delinquency records.
• Arrests that didn’t end in conviction – if charges got dismissed, downgraded, or you were found not guilty.
• Up to 3 indictable convictions – felonies or more serious crimes. But only if they didn’t involve violence against others.

You can also expunge multiple convictions from the same criminal incident or spree. For example, convictions for burglary, theft, criminal mischief from one event.

Limits on Expunging Criminal Convictions in New Jersey

The expungement law does have limits though. You can’t erase records for the most serious violent crimes and sex crimes.

Convictions You Can’t Expunge in New Jersey:

• Criminal homicide – murder, manslaughter, death by auto.
• Sex crimes – sexual assault, luring a minor, child pornography.
• Endangering the welfare of children through sexual contact.
• Arson and fire-related offenses.
• Perjury and false swearing.
• Producing chemical or biological weapons.
• Human trafficking.
• Conspiracy to commit an ineligible offense.

Also, you can only expunge up to 3 indictable offenses in total. Unless they’re from the same incident.

Waiting Periods to File for Expungement

You can’t erase a conviction right after completing your sentence. New Jersey makes you wait before filing for expungement. This waiting period depends on the type of offense:

• 5 years for disorderly persons offenses.
• 10 years for indictable offenses – more serious crimes.
• 2 years for most juvenile offenses.

The waiting period runs from the date you finished probation, parole, jail term and paid fines for the offense.

Limit of One Expungement for Indictable Offenses

Another big limit is you only get one shot at expunging an indictable criminal conviction. If you expunge an indictable offense, that’s it. You can’t erase any other indictable convictions later.

But you can still expunge multiple disorderly persons offenses. There’s no limit on erasing minor convictions.

DUI and Drug Possession Charges

What about common offenses like DUI or drug possession?

New Jersey doesn’t let you expunge DUI or DWI convictions. That’s because they’re traffic offenses, not criminal offenses here.

But you can erase arrests and convictions for drug possession or being under the influence. There’s also no limit on expunging these minor drug offenses.

When Your Record Can Still Be Used Against You

An expunged record stays off your history for most purposes. But there are some exceptions where it can still be held against you:

• Applying to become a law enforcement officer or prosecutor.
• Impeachment as a witness in a criminal case.
• Consideration for bail, sentencing or probation/parole if you commit another offense.
• Licensing for law, medicine, and banking professions.
• Applications for gun permits in New Jersey.

The expunged offenses stay on your criminal record too. The records just get marked “expunged” instead of being deleted.

The Expungement Process in New Jersey

If you meet the eligibility rules, how do you get an arrest or conviction expunged in New Jersey?

You need to file legal papers called a “petition for expungement” in court. Here’s the basic process:

1. Get your criminal history records.
2. Fill out expungement forms – petition, order, cover letter.
3. File the forms in court – pay the filing fee.
4. Serve the forms on required agencies.
5. Attend a court hearing if needed.
6. Court issues expungement order.
7. Distribute the order – get records cleared.

You’ll need to collect certified records of the arrests or convictions from the right agencies. The state police and courts can provide these.

Filling out the forms takes time and care. But the forms walk you through what info goes where. You’ll need details like arrest dates, charges, outcomes, sentences.

After filing the petition, you have to deliver copies to the right prosecutors office, police department and others. This is called “service of process.”

Some cases require a short hearing before the judge signs the expungement order. But many are approved without a hearing.

Once you get the signed order, send copies to all agencies that have the records. Ask them to clear the records from their systems.

Should You Hire an Attorney for Expungement?

Technically, you can request an expungement on your own without a lawyer. But having an attorney helps avoid mistakes.

The process has lots of technical rules on everything – eligibility, forms, service, hearings. One error could ruin your chances.

An experienced New Jersey expungement lawyer knows all the ins and outs. They can advise whether you qualify and handle the whole process for you. This gives you the best shot at getting your record cleared.

Our criminal defense firm has helped hundreds of clients with successful expungements. Let us review your past charges to see if we can help give you a clean slate. Consultations are free and confidential.

Don’t keep living with a criminal record if you can expunge it. Contact our New Jersey expungement attorneys today to explore your options for a fresh start.