Criminal Defense Lawyers

Eligibility Requirements for NJ Expungement

Eligibility Requirements for NJ Expungement

Expunging, or clearing, your criminal record in New Jersey can be a complicated process. There are a bunch of rules about who can get their record expunged, and when. This article will break it down into simple steps so you can see if you’re eligible.

Step 1: Make Sure You Have No Pending Charges

You can’t expunge your criminal record if you have any pending charges against you. So before you do anything else, you need to resolve any pending cases. That means waiting until the case concludes and any sentence is complete.

Step 2: Look at Your Specific Criminal History

There are a bunch of rules about what kinds of crimes can and can’t be expunged in New Jersey. Here are some of the requirements:

• For indictable offenses (more serious crimes), you typically need to wait 5 years after completion of your sentence to expunge.
• For disorderly persons offenses (less serious crimes), you typically need to wait 5 years after completion of your sentence to expunge.
• You can only expunge up to 3 disorderly persons offenses in your lifetime.
• You can only expunge 1 indictable offense in your lifetime.
• Certain very serious offenses like murder, aggravated sexual assault, and kidnapping can never be expunged.

So you’ll need to look through your specific criminal record to see what kinds of offenses you have, how long ago they occurred, and whether they are eligible based on the rules above.

Step 3: Make Sure You’ve Completed Your Sentence

To be eligible for expungement, you need to have fully completed any sentence given for your offenses. This means:

• Serving any time in jail or prison
• Completing probation or parole
• Paying all fines and restitution

You’ll need documentation to prove you’ve done all of these things. Get proof of completion of sentences from your probation officer or the court. Also get documentation of payments from the court.

Step 4: Gather Important Documents

There are some key documents you’ll need to start the expungement process:

• Your criminal history record – You can get this from the New Jersey State Police. Here is how to request your criminal history record in NJ.
• Proof of identity – This includes copies of things like your birth certificate, passport, social security card, or state ID.
• Evidence of rehabilitation – This may include letters of reference from employers, school transcripts, military records, etc.

Step 5: Complete the Petition for Expungement

The Petition for Expungement is the official court form you’ll need to fill out to start the process. You can get the form here. It requires you to provide info about yourself, your offenses, and why you should be eligible for expungement.

The form has instructions on how to fill it out. It’s a good idea to get help from a lawyer to make sure you complete it correctly.

Step 6: File the Petition with the Court

After you’ve filled out the Petition for Expungement, you need to file it with the court. You’ll file it with the Superior Court in the county where you were arrested or prosecuted.

There is a filing fee of around $75 to submit the petition. The court will schedule a hearing date once you’ve filed.

Step 7: Serve the Petition

After filing, you must legally “serve” the Petition for Expungement. This means sending a copy of the petition to:

• The State Attorney General
• The County Prosecutor
• The State Police expungement unit
• The State Parole Board if you were on parole

You do this by certified mail. The served copies must include the scheduled court hearing date.

Step 8: Attend the Court Hearing

You’ll have to attend a court hearing on the date scheduled by the court. This hearing gives any parties opposed to the expungement a chance to argue their case.

Some key tips for the hearing:

• Dress professionally and be polite
• Bring all your documentation to prove eligibility
• Arrive early and turn off your cell phone
• Speak only when addressed by the judge

The judge will make a decision about your expungement at the hearing or may take time after to decide.

Step 9: Finalize the Expungement Order

If the judge approves your expungement petition, they will issue an Expungement Order. This is the official legal document saying your record has been cleared.

To finalize everything, you’ll need to send copies of the Expungement Order to all the same parties you originally served the petition to.

Only once they receive the Order does it legally take effect – so this step is important!

Other Types of Expungements

The steps above cover the standard way to expunge a criminal conviction in New Jersey. But there are also some more specialized expungement categories:

Marijuana Expungement

New Jersey has a specific expungement process if you only have convictions for personal marijuana possession of 50 grams or less. This can be expunged sooner than other offenses. Here is more on marijuana expungements.

Juvenile Expungement

You may be able to expunge a juvenile criminal record as soon as age 18. The process is similar as above but with some differences. Read more about juvenile expungements.

Clean Slate Expungement

The “Clean Slate” expungement law allows people to expunge their entire record of convictions after 10 years. This is more broad than the standard petition process. Learn more about clean slate expungements.

Finding Help with Expungement

Trying to get your criminal record expunged in New Jersey can be really tricky. I highly recommend talking to an expungement lawyer to make sure you do everything exactly right.

Here are some options to find legal help:

• New Jersey Bar Association Lawyer Referral Service – Referrals to local lawyers
• Legal Services of New Jersey – Legal aid for low income residents
• New Jersey Courts Self-Help Resources – Info for self-representation
• Community Legal Services – Legal services in South Jersey

Expunging your criminal record can be life-changing, allowing you to move forward and get better jobs and housing. But the process is complicated, so get a lawyer to help maximize your chances of success. Good luck clearing your record!