New Jersey Section 2C:52-14 – Grounds for denial of relief.

New Jersey Section 2C:52-14 – Grounds for Denial of Expungement Relief

New Jersey law allows for the expungement of certain criminal records after a period of time, depending on the offense. This provides a “clean slate” to individuals who have stayed out of legal trouble for many years. However, expungement is not guaranteed – there are specific grounds laid out in the law for denying a petition for expungement. One such provision is Section 2C:52-14 of New Jersey statutes.

Overview of Expungement in New Jersey

Expungement is the process of having your criminal record sealed from general review. While the records still exist, they are removed from background checks used by potential employers, landlords, etc. The goal is to allow people to move on with their lives after paying their debt to society.

New Jersey significantly expanded eligibility for expungement in 2019. Now, most convictions for indictable offenses are eligible after 10 years. Convictions for disorderly persons offenses are eligible after 5 years. The waiting period may be even less for some marijuana possession offenses.

To obtain an expungement, you must file a petition in New Jersey Superior Court. The prosecutor’s office is notified and can object to the expungement. If no objection is filed, the court will generally grant the petition. However, there are certain mandatory grounds for denial laid out in Section 2C:52-14.

Section 2C:52-14 – Grounds for Denial

Section 2C:52-14 states that a petition for expungement must be denied under the following circumstances:

• Prior expunged conviction – If the person has already had another criminal conviction expunged in the past, the new petition must be denied. You only get “one bite at the apple” for an expungement in New Jersey.
• Prior conviction for another offense – With limited exceptions, any prior criminal conviction for an indictable offense will bar expungement. The same is true for prior convictions for disorderly persons offenses and petty disorderly persons offenses.
• Pending charges – If the petitioner has criminal charges pending, the expungement petition must be denied. This makes sense, as those new charges could potentially lead to a disqualifying conviction.
• Public interest – The prosecutor can argue that expungement would not be in the “public interest” even if the petitioner is otherwise eligible. This is a subjective determination made by the court.
• Mandatory minimum sentence – If the conviction carried a mandatory minimum prison sentence that was not imposed, that is grounds for mandatory denial.
• Public office or employment – Convictions that resulted in forfeiture or removal from public office or employment cannot be expunged.
• Sex offender registration – Convictions requiring Megan’s Law registration as a sex offender cannot be expunged.
• Restitution – If the petitioner still owes restitution, fines, or other financial obligations related to the conviction, the expungement petition must be denied. These debts to society must be paid first.

Exceptions to Prior Convictions

Section 2C:52-14 does carve out some limited exceptions regarding prior convictions. If the prior offenses meet certain criteria, they will not necessarily bar expungement:

• Up to 3 disorderly persons or petty disorderly persons offenses in addition to the indictable offense seeking expungement.
• Offenses not listed in the same judgment of conviction.
• Offenses that were not “interdependent or closely related in circumstances.”
• Marijuana possession offenses under 50 grams.

However, these exceptions are narrow and limited. The general rule is that prior convictions will prevent expungement.

Effect of a Denial

If your petition for expungement is denied based on Section 2C:52-14 or for any other reason, you will not be able to seal your criminal record. That conviction will remain on your record and continue to show up on background checks.

A denial of expungement relief is typically, but not always, permanent. Section 2C:52-14 bars represent some of the more permanent grounds for denial that cannot be changed. For example, if you already had a conviction expunged in the past, you are forever barred from expunging anything else.

However, some grounds for denial are temporary. For example, if you were denied because of pending charges that were later dismissed, you may be able to file again. If you were denied for failure to pay fines or restitution, you may be able to expunge later after paying off those debts.