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How to Expunge Your Criminal and/or Juvenile Record in New Jersey
How to Expunge Your Criminal and/or Juvenile Record in NJ
Having a criminal or juvenile record can create major obstacles when it comes to employment, education, housing, and other needs. In New Jersey, expungement provides a way to clear eligible records through a court process.
This article explains how to expunge both adult and juvenile records in New Jersey. We’ll cover the benefits, eligibility requirements, the expungement process, and strategies for ensuring your petition is successful.
Contents
- 1 Benefits of an Expungement in New Jersey
- 2 New Jersey Expungement Eligibility
- 3 Gathering Required Records
- 4 Types of Expungements in New Jersey
- 5 Completing the Expungement Petition
- 6 Filing and Serving the Petition
- 7 The Court Expungement Hearing
- 8 Complying With the Expungement Order
- 9 Checking Your Criminal Record
- 10 Understanding Expungement Limitations
- 11 Key Takeaways
Benefits of an Expungement in New Jersey
If granted, an expungement[1]:
- Removes records from public view
- Allows denying the offense occurred
- Prevents records from showing up on most background checks
- Eliminates need to disclose crimes when applying for jobs, housing, schools, etc.
An expungement provides a true second chance and new start in life.
New Jersey Expungement Eligibility
Eligibility depends on[2]:
- Type of offense
- Level of conviction
- Sentence imposed
- Time elapsed since offense
You must satisfy all time periods before filing a petition. An attorney can advise if you qualify.
Gathering Required Records
To complete your petition, obtain[3]:
- Your criminal case information
- State Police criminal background check
- Certified disposition of convictions
Having accurate records avoids delays in processing your petition.
Types of Expungements in New Jersey
Expungement options include[4]:
- Regular – For most convictions after 10 years
- Early Pathway – Most convictions after 5 years
- Clean Slate – Auto-expungement for certain minor convictions
- Juvenile – Most delinquency records after 5 years
Consult an attorney to pursue the optimal expungement for your record.
Completing the Expungement Petition
The petition includes[5]:
- Form and required attachments
- Cover letter to prosecutor
- Proposed expungement order
Every item must be fully complete, accurate and meet all requirements.
Filing and Serving the Petition
You must[6]:
- File the original petition packet with the court
- Serve copies to the prosecutor’s office, State Police, and any arresting agencies
Failure to properly serve all required parties will delay processing.
The Court Expungement Hearing
You must:
- Appear at your scheduled hearing
- Answer questions under oath
- Provide any other documents the judge requests
If you fail to appear, the judge may deny your petition.
Complying With the Expungement Order
To complete the process:
- Serve copies of the order to all required parties
- File the Proof of Notice document
- Return Proof of Notice to the court
Failure to properly file your Proof of Notice could void the expungement.
Checking Your Criminal Record
After receiving certified copies of the order:
- Run an updated background check
- Verify the convictions no longer appear
- Keep copies to prove the expungement
This prevents improper denials of jobs, licenses, housing or benefits due to an expunged record.
Understanding Expungement Limitations
While powerful, expungement has limits:
- Government agencies may still access records
- Private companies may retain prior copies
- Federal agencies and background checks unaffected
- May be reinstated for new offenses
Consult an attorney to understand exactly what protection an expungement provides.
Key Takeaways
Navigating New Jersey’s complex expungement process requires experienced legal guidance. An attorney ensures you pursue the optimal relief available.
The benefits of expunging eligible records are life-changing. Don’t attempt it alone. Consult an attorney for the best strategies in securing this crucial court relief.
[1] https://www.state.nj.us/nj/about/expunge/ [2] https://www.state.nj.us/nj/about/expunge/who.html [3] https://www.judiciary.state.nj.us/prose/10557_expunge_kit.pdf [4] https://www.njcourts.gov/self-help/expunge-record [5] https://www.judiciary.state.nj.us/prose/10557_expunge_kit.pdf [6] https://www.njcourts.gov/self-help/expunge-record https://www.njcourts.gov/self-help/expunge-record https://www.judiciary.state.nj.us/prose/10557_expunge_kit.pdf https://www.njcourts.gov/self-help/expunge-record https://www.collinsbonner.com/blog/what-are-the-limitations-of-an-expungement-in-new-jersey/