Criminal Defense Lawyers

How Long Does an Expungement Take in New Jersey?

How Long Does an Expungement Take in New Jersey?

Getting your criminal record expunged in New Jersey can be a lengthy process, but it is worth it for the chance to clear your record. An expungement removes arrests, charges, and convictions from your criminal record so they won’t show up on background checks. This can open up job and housing opportunities that were previously unavailable due to your record.

So how long does an expungement take from start to finish in New Jersey? The expungement process can realistically take 6 months to 1 year to fully complete. However, the timeline depends on several factors:

Filing the Petition

The first step is gathering all the required documents and filing a petition for expungement. This petition must be filed in the county where the arrest, charge or conviction occurred. The courts recommend allowing 2-3 months for the petition to be processed and a hearing date scheduled.

The wait time can vary by county and how backlogged the court is. More populous counties like Essex or Bergen may take longer than smaller counties. Filing during peak seasons like summer can also extend the wait.

So while it may only take 4-6 weeks in some counties, you should budget 2-3 months for this initial stage. Be prepared for it to take longer if the courts are backed up.

Expungement Hearing

The next step is the court hearing for your expungement petition. At the hearing, the judge reviews your petition and can ask questions to determine if you are eligible.

Hearings are typically scheduled 1-2 months after the petition is filed. However, some counties schedule hearings 6 months out. Again, the wait time varies based on the county and court backlog.

If the judge approves your expungement petition at the hearing, then you move on to the next steps of the process.

Distributing the Expungement Order

After the court approves your expungement, the next step is distributing copies of the expungement order to all the required agencies. This includes the State Police, Attorney General’s Office, and any courts, jails or agencies involved with your arrests, charges or convictions.

The court will provide copies of the expungement order. It is your responsibility to mail the orders via certified mail to all the required agencies. This should be done within 5 business days after receiving the copies.

Record Keepers Comply with the Order

Once the agencies receive the expungement order, they have 60 days to comply by sealing your records. Government agencies like courts and law enforcement are required to seal records of any arrests, charges or convictions covered by the expungement order.

Private record keepers like credit agencies are not required to seal records, but many will once they receive an official court order.So within 60 days of the agencies receiving the order, your expunged records should be sealed from background checks and public view.

Total Timeline

To recap, the main steps in the New Jersey expungement process are:

• Filing Petition – 2-3 months
• Court Hearing Scheduled – 1-2 months after filing
• Distributing Expungement Order – Within 5 days of receiving the order
• Agencies Comply – Within 60 days of receiving the order

Realistically, you should expect an uncontested New Jersey expungement to take a minimum of 6 months from filing the petition to completion. More complex cases with multiple convictions can take up to a year.

The exact timeline varies by county and specifics of your case. But in general, you can expect your New Jersey expungement to take 6 months to 1 year from start to finish.

Factors That May Delay the Process

There are some common factors that can add delays and extend the expungement timeline in New Jersey:

• Contested Petition – If the prosecutor contests your petition, it will need to be resolved at court hearings which takes longer.
• Multiple Convictions – Seeking to expunge multiple convictions will increase the complexity and review time.
• Appeals – If either party appeals the court’s expungement decision, it can add months of delays.
• Court Backlogs – Some counties have long backlogs which delay scheduling hearings and processing petitions.
• Mistakes in the Petition – Any errors or omissions may require amending and refiling the petition.
• Agencies Fail to Comply – Government agencies sometimes don’t comply with expungement orders on time.

Any of these factors could tack on months to your expungement case. It’s impossible to predict exactly how long it will take with delays and setbacks. The best strategy is to file early and be patient throughout the process.

Can I Speed Up the Expungement Process?

While there is no definitive way to guarantee a faster expungement in New Jersey, there are some steps you can take to potentially speed up the process:

• Get an Attorney – Hiring an expungement lawyer can help prepare your paperwork and petition correctly, reducing mistakes and amendments.
• File in Less Busy Counties – Try filing in a smaller county with less backlog if you have charges in multiple counties.
• File in Off-Seasons – Avoid filing during the summer or holidays when courts are busiest.
• Stay on Top of Agencies – Follow up with any agencies that don’t comply with the expungement order right away.
• Be Proactive – Stay on top of all deadlines and court dates to keep your case moving forward.
• Be Flexible – Taking any court date or hearing time available can help speed things along.

While these tips may help, there are no guarantees when dealing with the courts. The best approach is to be patient, persistent and prepared for an expungement process that will realistically take 6 months to 1 year in New Jersey.

Is it Possible to Get an Expedited Expungement in New Jersey?

In limited circumstances, it may be possible to get an expedited expungement completed more quickly in New Jersey.

One situation where expedited expungements are allowed is if you were arrested but not ultimately charged or convicted of a crime. If the charges were dropped or dismissed, you can file a petition for an expedited expungement of the arrest record.

The court can grant these petitions immediately without a hearing. So an expedited arrest expungement can potentially be completed in 1-2 months.

The other possibility is if you file a motion to reduce the normal 5-10 year waiting period after conviction. The court has discretion to grant these motions and expedite expungements in some cases.

However, there must be compelling circumstances for a judge to expedite an expungement for a conviction. Examples may include job loss, housing denial or other consequences from the waiting period.

Barring one of these specific situations, expect that getting a New Jersey expungement will take around 6 months to 1 year. While delays or exceptions can arise, this is the standard timeline to anticipate for most cases.

Conclusion

For most people seeking to clear their criminal record in New Jersey, the expungement process will realistically take a minimum of 6 months and up to 1 year from start to finish.

Exact timelines vary by county, specifics of your case and potential delays along the way. While expedited expungements are possible in limited circumstances, the typical process cannot be sped up much.

The best approach is to be patient, gather all required documents, file early and follow up diligently throughout the process. Although it takes time, an expungement can be well worth the wait for the chance to remove past arrests, charges or convictions from your record.