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What types of crimes can be expunged in New Jersey?
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What Types of Crimes Can Be Expunged in New Jersey?
If you have a criminal record in New Jersey, you may be able to have it expunged. Expungement is the process of having your criminal record sealed from public view. An expunged record is treated as if the arrest or conviction never occurred. This can open up opportunities for jobs, housing, education, and more. However, not all crimes are eligible for expungement in New Jersey.
This article will explain which types of crimes can and cannot be expunged in New Jersey. We’ll also discuss the expungement process and eligibility requirements. Keep reading to learn more!
Crimes That Cannot Be Expunged in New Jersey
Certain serious crimes are not eligible for expungement under New Jersey law. These include:
- Murder
- Manslaughter
- Kidnapping
- Human trafficking
- Luring or enticing a victim of an attempted kidnapping or human trafficking
- Rape, sexual assault, or aggravated sexual assault
- Aggravated criminal sexual contact (sexual contact between an adult and a minor)
- Armed robbery
- Arson
- Endangering the welfare of a child
- Production or distribution of child exploitative content
- Perjury
- Terrorism
- Production of biological weapons or chemical weapons
- Abuse of public office
- Drug trafficking
- Conspiracy to commit a crime that is not eligible for expungement
If you were convicted of any of these crimes in New Jersey, you are not eligible to have them expunged from your record. The above list covers the most serious violent crimes and offenses against public safety.
Crimes That Can Be Expunged in New Jersey
Many other types of crimes may become eligible for expungement after a certain period of time has passed. Some of the most common criminal convictions that can eventually be expunged in New Jersey include:
- Drug possession offenses
- Theft/larceny
- Shoplifting
- Simple assault
- Unlawful possession of a weapon
- DUI/DWI
- Trespassing
- Disorderly conduct
- Resisting arrest
- Criminal mischief/vandalism
Even more serious crimes like vehicular homicide, aggravated assault, and burglary may become eligible for expungement after 10 years. However, you usually cannot expunge more than 1 indictable offense (felony) in New Jersey.
New Jersey Expungement Eligibility Requirements
In addition to looking at the type of crime, there are other eligibility rules for expunging a criminal record in New Jersey:
- You must wait 5 years to expunge an indictable offense and 10 years to expunge multiple indictable offenses.
- You must wait 5 years to expunge up to 3 disorderly persons offenses.
- You cannot have any subsequent convictions during the waiting period.
- All fines and probation terms must be completed.
- There may be exceptions for early “public interest” expungements after 3-5 years.
The waiting period starts after you finish your probation, parole, jail time and pay all fines related to the conviction. If you were convicted of multiple indictable crimes that are eligible, you may be able to expunge more than one after 10 years offense-free.
In addition, juvenile records can be expunged after 5 years generally. And convictions for possession of small amounts of marijuana can be fast-tracked for expungement.
The New Jersey Expungement Process
If you meet the eligibility requirements, you can petition the court to expunge your criminal record. Here are the basic steps:
- Obtain your criminal records.
- Complete the expungement petition forms.
- File the petition in the county you were arrested or convicted.
- Serve copies to required agencies.
- Attend your court hearing.
- If approved, deliver expungement orders.
- Verify records are expunged after 60-90 days.
The process involves filing various forms, serving notices, and attending a court hearing. Hiring an expungement attorney can help make the process easier. In some cases, you may be able to expunge records online through New Jersey’s eCourts system.
Should You Expunge Your Criminal Record?
Getting an arrest or conviction expunged can open up opportunities that may currently be closed off to you due to your record. Expungement makes your past mistakes private again. However, speak to an attorney before pursuing expungement. There may be downsides, and you want to make sure you are eligible before going through the process and paying all required fees.
For help determining what criminal records can be expunged in New Jersey, consult with a local criminal defense lawyer. Every situation is unique. An attorney can review your case and advise if expungement is possible. Don’t let your past hold you back – explore expungement options today.
Sources:
- https://www.newjerseycriminallawattorney.com/blog/what-crimes-cannot-be-expunged-in-new-jersey/
- https://www.newjerseycriminallawattorney.com/criminal-process/expungement/eligibility-requirements-for-nj-expungement/
- https://www.esqnj.com/new-jersey-expungement-of-crimes-indictable-offenses-and-felonie.html
- https://www.criminallawyer-nj.com/blog/what-crimes-expunged-in-nj/
- https://www.njcourts.gov/self-help/expunge-record