New Jersey Expungement Law – Clearing Your Record Under Section 2C:52-1

Getting arrested or convicted of a crime in New Jersey can haunt you forever. Your criminal record follows you when you apply for jobs, housing, loans, and schools. But New Jersey law gives you a chance for a fresh start through expungement. Let’s break down how expungement works under N.J. Statute 2C:52-1.

What is Expungement in New Jersey?

Expungement means extracting and isolating your criminal record from the databases of courts, police, prosecutors and corrections (N.J. Stat. 2C:52-1a). If you qualify, expungement seals your record from public view.

Your expunged records get extracted from complaints, warrants, arrests, commitments, fingerprints, photos, index cards, rap sheets, judicial dockets – basically anything created by your case (2C:52-1b).

Why Get Your Record Expunged?

With expungement, your past mistakes need not haunt you forever. Expungement gives you a clean slate for jobs, housing, schools, loans and more.

Many employers and landlords run background checks before hiring or renting. They often automatically reject applicants with criminal records, even for minor offenses. Expungement seals your record from these routine checks.

Expungement Eligibility – What Charges Can Be Expunged?

You must meet certain conditions for expungement in New Jersey:

• You can only expunge arrests and convictions in New Jersey – not other states.
• You must avoid re-arrest for 5+ years after your most recent conviction. Some exceptions allow expungement after only 1 year.
• Indictable offenses like robbery require a 10-year wait under N.J. Statute 2C:52-2. Disorderly offenses allow expungement after 5 years under 2C:52-3.
• Convictions for serious violent crimes like murder, kidnapping and sex assaults cannot be expunged. But their related arrests may still qualify.
• Juvenile records can be expunged under 2C:52-4.1.
• Convictions for minor drug crimes allow expungement after only 1 year under 2C:52-5.
• Dismissed charges can be expunged immediately under 2C:52-6.

How to File for Expungement in New Jersey

Follow these steps to petition for expungement in New Jersey:

1. Obtain your criminal history records from the State Bureau of Identification. Review the charges carefully.
2. Determine your eligibility based on the waiting periods discussed above.
3. Complete the Expungement Petition and the Order for Hearing.
4. File your petition with the Superior Court in the county of your arrests/convictions. Pay a filing fee of $75-$150.
5. Serve the petition on the required government agencies per 2C:52-10.
6. Attend your expungement hearing. The judge will typically grant unopposed petitions.
7. Serve the Expungement Order on the same agencies you served the petition on.
8. Immediately apply for jobs, housing, schools and loans with your now-clean record!

How Much Does Expungement Cost in New Jersey?

Beyond the filing fees, expungement costs $500-$3000 for an attorney. Public defenders represent some clients pro bono.

You can petition for yourself without an attorney. But lawyers know the system best and can maximize your chances. Consider legal aid if you cannot afford a lawyer.

Does Expungement Seal My Record Completely?

No. Expungement only limits public access to your record. Prosecutors and courts still have access. And your record remains visible to:

• Federal agencies like immigration and homeland security (2C:52-27)
• Background checks for law enforcement jobs (2C:52-27.1)
• New Jersey Motor Vehicle Commission (2C:52-28)
• Background checks if you seek a gun permit or public office (2C:52-27(c))
• Future expungement petitions (2C:52-14(e))

So expungement limits public access to your record, but does not erase it completely.

Should I Disclose Expunged Offenses on Job Applications?

You need not disclose expunged arrests or convictions on private job applications. But you must disclose expunged records if applying for law enforcement, corrections, judiciary, and other public positions (2C:52-27(c)).

Many job applications now include a disclaimer saying: “Do not disclose expunged offenses.” This protects applicants who truthfully omit expunged records.

Can a Record Be Expunged More Than Once in New Jersey?

Yes, you can expunge a record again after 10 years under 2C:52-14(e). Exceptions allow repeat expungement after only 5 years:

• Disorderly persons offenses (2C:52-14(f)(1))
• Violations of municipal ordinances (2C:52-14(f)(1))
• Arrests/convictions expunged under 2C:52-6 for dismissed charges (2C:52-14(f)(2))