New Jersey Law Allows Expungement of Criminal Records Without Objection

New Jersey law contains a provision that allows people to have their criminal records expunged (removed) without objection from the prosecution. This law, known as Section 2C:52-11, provides a path for those with past convictions to clear their records and move on with their lives.

What Does the Law Say?

Section 2C:52-11 states that if a petition for expungement is filed and the prosecutor does not object to it within 60 days, the court can go ahead and grant the expungement. This means that if the prosecution does not actively oppose the expungement, the judge can approve it even without a formal hearing.

Some key points about this law:

• It applies to both indictable and non-indictable offenses in New Jersey.
• The petitioner still has to meet all the normal requirements for expungement in terms of time passed since conviction, payments of fines, etc.
• The prosecutor representing the State of New Jersey has 60 days after receiving notice of the petition to object in writing. If no objection is filed, the court may grant the expungement without a hearing.
• The court still has discretion to order a hearing even if the prosecution doesn’t object. But typically no hearing will be required.
• This section provides an expedited path to expungement since it avoids the need for a formal court hearing if unopposed.

Why Was This Law Passed?

The New Jersey legislature passed this law in 2010 to streamline the expungement process. The goal was to make it easier for rehabilitated individuals to clear their records and reduce barriers to jobs, housing, education, and other opportunities.

Supporters of the law argued that requiring a full court hearing in every expungement case was unnecessary if prosecutors did not actually oppose the petition. This created needless costs and delays for both courts and individuals seeking relief under New Jersey’s expungement statutes.

Who Might Benefit from This Law?

Section 2C:52-11 can benefit many people looking to expunge eligible offenses in their past. Some examples include:

• Non-violent drug offenders – Those convicted of minor drug possession charges from years ago. These individuals have stayed out of trouble and want a clean slate.
• One-time offenders – People who made a one-time mistake like shoplifting but have lived law-abiding lives since. Their risk of re-offending is low.
• Juvenile offenders – Individuals who committed crimes as juveniles and have matured and rehabilitated as adults. Expungement gives them a fresh start.
• Wrongful convictions – In rare cases, people who were wrongfully convicted may use this law if the prosecution concedes error.

As long as petitioners meet the standard requirements for expungement in New Jersey, Section 2C:52-11 gives them a faster, simpler path if prosecutors don’t object.

Potential Drawbacks and Limitations

While Section 2C:52-11 makes expungement easier in many cases, there are some potential downsides:

• Prosecutorial vetoes – Prosecutors can still block expungements they oppose by filing timely objections.
• Court discretion – Courts can require a hearing even without prosecution objection if they wish.
• Ineligible offenses – The law does not apply to very serious crimes like murder, kidnapping, sex offenses, etc.
• Complex process – Individuals must still navigate the petition process properly or risk denial.

The law does not guarantee expungement – it simply removes the need for a formal hearing if unopposed by prosecutors. Individuals should still consult an attorney to pursue expungement under this provision.

How to File for Expungement Under This Law

If you’re looking to use Section 2C:52-11 to expunge eligible offenses, here is a general overview of the process:

• Verify your offenses are eligible based on New Jersey expungement law.
• Obtain certified copies of relevant court documents about your convictions.
• Prepare and file a Petition for Expungement with the court.
• Serve copies of the petition on the State prosecution office per the law’s notice requirements.
• If no objection is filed within 60 days, ask the court to order the expungement without a hearing.
• If granted, get certificates of expungement and apply to have records cleared.

The process has precise steps and deadlines, so consulting a lawyer knowledgeable about New Jersey expungement is highly recommended. But the ability to avoid a formal hearing can save significant time and money if unopposed.

Conclusion

While expungement in New Jersey remains complex, Section 2C:52-11 provides a valuable tool for eligible individuals to clear their records more efficiently. For those who have put past mistakes behind them and want a clean slate, this law can help remove old convictions and unlock new potential. With proper legal guidance, many people can finally overcome the stigma of youthful indiscretions or minor offenses.