How Long Does it Take to Get an Expungement in New Jersey?

How Long Does it Take to Get an Expungement in New Jersey?

Getting an expungement in New Jersey can be a lengthy process, but the wait is worth it for many people looking for a clean slate. An expungement essentially deletes eligible criminal records and arrests from public view. While the records still exist in certain databases, expunged cases won’t show up on most background checks performed by potential employers, landlords, or other agencies.

So how long does it actually take to complete the expungement process in NJ? The timeline can vary quite a bit based on your specific situation. But generally, you can expect an expungement to take around 1-2 years from start to finish.

Filing the Petition

The first step is to file a petition for expungement with the Superior Court in the county where your arrest or conviction occurred. You’ll need to obtain and fill out the proper expungement forms, which includes an Order for Hearing, Petition for Expungement, and Verification form.

It typically takes 2-4 weeks for the court to process your petition and schedule a hearing date. The court will also notify relevant government agencies, like the prosecutor’s office, of your petition.

The Hearing

In most cases, your expungement hearing will take place roughly 2-3 months after filing the petition. This hearing gives the prosecutor’s office a chance to review your case and potentially object if you don’t meet all eligibility criteria.

Assuming there are no objections, the judge will grant your expungement at the hearing. You won’t need to attend this hearing unless there is an objection or some other complication.

Entry of Order for Expungement

Around 1-2 months after the hearing, the court will enter a final Order for Expungement. This officially grants your expungement request.

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The court administrator’s office will then send out copies of the order to all the appropriate agencies – like the State Police, FBI, corrections departments, and municipal courts.

Record Removal

Once government agencies receive the expungement order, they have 60 days to remove your records from their databases. Some agencies move faster than others. The State Police can take around 3-6 months to fully process expungements in their system.

So realistically, you’re looking at 9-12 months from the time you file your petition until government agencies fully clear your records. The process isn’t complete until all traces are removed from the various databases.

Early Eligibility in Some Cases

There are certain situations where you may be able to get an expungement sooner than the average 1-2 year timeline.

For example, minor first-time drug offenses may qualify for early expungement just 1 year after the conviction. Non-conviction records, like dismissed charges or acquittals, can also be expunged on an expedited timeline of just 3-6 months in some cases.

Why the Wait?

While expungements in New Jersey aren’t exactly speedy, there are good reasons for the lengthy process. The waiting periods help ensure only eligible cases get approved. The hearings give prosecutors a chance to review petitions and object if necessary. And the lag time for record removal allows agencies to fully clear the files from multiple databases.

Rushing through expungements without safeguards could lead to errors and unintended consequences. Still, New Jersey courts are working to streamline the process where possible without sacrificing accuracy. Recent reforms have helped shorten wait times for certain straightforward, non-violent offenses.

Is it Worth the Wait?

For most petitioners, the 1-2 year wait is well worth it in exchange for the benefits of an expungement. With the records removed from background checks, you can honestly answer “no” if an application asks about past arrests or convictions.

An expungement opens up more job opportunities, especially in fields like education and healthcare with licensing requirements. Landlords and lenders will often overlook expunged cases when considering applications. And the reduction in visible records can provide much-needed peace of mind.

Consulting an Attorney

While you can petition for expungement on your own, consulting an experienced New Jersey expungement lawyer is highly recommended. An attorney can review your specific charges, arrest history and other factors to determine if you meet the current eligibility requirements in NJ.

They will also handle all the intricacies of filing petitions, representing you at hearings if needed, and following up to ensure the process goes smoothly. This can help avoid wasted time or petitions being rejected on a technicality. Lawyers who specialize in expungements will know all the nuances of navigating the system quickly.

The Takeaway

Getting an entire criminal record expunged in New Jersey takes patience. But for those who qualify, the eventual benefits make the 1-2 year wait worthwhile. Consulting with a lawyer can streamline the process and avoid potential hangups. While expungement timeframes have improved in recent years, the careful procedures ensure only eligible records get permanently deleted.