Understanding the New Jersey Expungement Laws and Rules

Understanding the New Jersey Expungement Laws and Rules

New Jersey’s expungement laws allow people convicted of certain crimes to have their criminal records erased. This can open doors to jobs, housing, education, and other opportunities that were previously closed due to a criminal record. However, the expungement process can be complicated for non-lawyers to navigate.

What is Expungement?

Expungement is the process of having arrest and conviction records erased from public record. According to New Jersey statute 2C:52-1, expunged records include “complaints, warrants, arrests, commitments, processing records, fingerprints, photographs, index cards, ‘rap sheets’ and judicial docket records.”[1] Once a record is expunged, it is removed from law enforcement and court databases.

When a record is expunged, the person can legally answer “no” when asked if they have ever been arrested or convicted of a crime. Expungement gives individuals a fresh start by clearing their record of past mistakes. However, expungement does not destroy or delete records – it seals them from public access. Law enforcement agencies can still access expunged records in certain circumstances.

Who is Eligible for Expungement?

In New Jersey, a person must meet certain requirements to have their record expunged. The main eligibility criteria are:

• It has been at least 5 years since completion of sentence. This includes jail time, probation, parole and fines.
• Only indictable offenses and disorderly persons offenses are eligible for expungement. Municipal ordinance violations cannot be expunged.
• There is a limit of 3-5 indictable convictions that can be expunged, depending on the offenses.
• The person has not been convicted of certain serious crimes that are excluded from expungement. These include murder, kidnapping, aggravated sexual assault, and other serious violent felonies.
• The person has not had a previous record expunged. A person can only expunge their record once in New Jersey.

The “clean slate” law passed in 2019 also allows people to expunge more convictions than was previously permitted. Now up to 5 indictable convictions can potentially be expunged, compared to only 3 in the past.[2]

The Expungement Process

There are specific steps that must be followed to have a record expunged in New Jersey:

1. Obtain criminal records. The person files a petition with the State Police to obtain their criminal history records. This provides a complete list of all arrests and convictions.
2. File the expungement petition. The petition is filed in the Superior Court in the county where the arrest or conviction occurred. This starts the legal process for expungement.
3. Serve the petition. The prosecutor’s office and any agencies involved in the arrest must be served the petition. This gives them a chance to object if desired.
4. Attend the court hearing. If no objections were filed, the judge may approve the expungement without a hearing. If there is an objection, a hearing will be held.
5. Distribute the expungement order. If approved, the court order must be distributed to various agencies to complete the expungement.
6. Inspect records. The person should inspect their records about 60 days later to confirm the expungement is complete.

This process must be followed precisely. Errors or omissions can cause significant delays. Hiring an expungement lawyer is highly recommended to handle the details.

How Much Does Expungement Cost?

The total costs for expungement often fall between $500 to $2000, with most people paying $1000-1500. The main expenses are:

• Attorney fees – Hiring an attorney ranges from $700 to $1500. Highly recommended to avoid mistakes.
• Filing fees – Approximately $75 for filing the petition in Superior Court.
• Records fees – $15 to obtain criminal history records from the State Police.
• Service fees – Average of $200-300 to serve the petition on required agencies.

Many lawyers offer flat-fee expungement services to keep costs down. Shop around to find affordable options.

Limitations of Expungement

While expungement provides a clean slate in many respects, some limitations remain:

• Background checks – Most expunged arrests and convictions will still show up on fingerprint-based background checks. However, these checks are not commonly used by employers.
• Government jobs – Expunged records may be considered for jobs related to public safety, such as law enforcement.
• Security clearances – Federal security clearances typically reveal expunged records.
• Gun ownership – Expunged felony convictions may still prohibit handgun purchases and permits.
• Immigration – Immigration officials can still consider expunged convictions for deportation purposes.
• Sex offender registration – Expungement does not remove sex offender registration requirements.
• Professional licensing – Licensing boards often still consider expunged convictions.

While expunged records remain accessible in these limited circumstances, the vast majority of background checks will be clear for jobs, housing, loans and other purposes.