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New Jersey Section 2C:52-15 – Records to be removed; control

New Jersey Record Expungement Law – Section 2C:52-15 Explained

New Jersey’s record expungement law, specifically Section 2C:52-15 of the New Jersey Code of Criminal Justice, allows people convicted of certain crimes in the state to have their criminal records erased after a period of time. This can be a confusing legal process, so I wanted to break it down into plain English and explain how it works.

What is record expungement?

When your record is expunged under Section 2C:52-15, it means your criminal conviction is essentially erased from public record. Your arrest and conviction still happened, but you can legally say you haven’t been convicted of that crime once the record is expunged. It’s like giving someone a clean slate.

Why do people get records expunged?

There’s a few big reasons –

• To improve chances of getting a job. Many employers do background checks and won’t hire someone with a criminal record.
• To qualify for professional licensing. Many professional organizations can deny you a license if you have certain convictions.
• To rent an apartment. Landlords often check criminal histories and may not rent to someone with a record.
• To restore gun ownership rights. Convicted felons cannot own firearms, but expunging the record can restore that right.

Basically, it gives people a fresh start and removes obstacles an old conviction may cause.

What crimes can be expunged under 2C:52-15?

Section 2C:52-15 allows record expungement for people convicted of third or fourth degree indictable offenses (more serious than disorderly persons offenses). Some examples of expungeable offenses include:

• Theft
• Forgery
• Fraud
• Possession of controlled substances
• Simple assault

However, there are certain convictions that CANNOT be expunged under 2C:52-15, such as:

• Any first or second degree crime
• Human trafficking
• Aggravated sexual assault
• Certain drug offenses near schools
• Public corruption crimes

So you have to look at the specific offense you were convicted of to see if it qualifies. I’ll link to this handy chart showing expungeable NJ offenses.

What are the eligibility requirements?

There’s a few requirements you must meet to have your record expunged under 2C:52-15:

• It’s been at least 10 years since the date of your conviction, payment of fine, satisfactory completion of probation or parole, or release from incarceration, whichever is latest.
• You have not been convicted of another crime (disorderly persons offense or higher) during that 10 year waiting period.
• You have not had a previous record expungement under this statute. You only get one shot with 2C:52-15.
• The prosecutor does not file an objection to the expungement within 60 days of receiving notice.

So basically, 10 years clean since the conviction with no repeat offenses. Then you’re eligible.

What is the process to get a record expunged?

Here’s the step-by-step process:

1. Obtain and complete the Petition for Expungement form. This requires info on your convictions, employment, education, etc.
2. Get your criminal history records. You’ll need to attach these.
3. File the petition in New Jersey Superior Court in the county your conviction occurred. Pay the filing fee.
4. Serve the petition on the prosecutor’s office and State Police records department.
5. Attend the court hearing when scheduled. The judge will consider your petition.
6. If approved, the court will order agencies to remove records of your conviction after 60 days.

It can take 6-8 months total to complete the expungement process. I’d recommend hiring a lawyer to help with the paperwork and court hearing.

What happens if the expungement is approved?

If the judge grants your expungement petition, here’s what happens:

• Your criminal records will be erased after 60 days from state and local agencies. They essentially delete it from their systems.
• You can legally answer “no” if asked whether you have convictions, since it will be expunged.
• Your offense can’t be used against you for job/housing/loan applications.
• Your gun ownership rights are restored if convicted of a felony.
• Your criminal history will still show up on a federal FBI background check, but the record will say “No Disposition” for the expunged offense.

So you get many of the benefits of a clean slate, with a few caveats. It’s a chance to move on with your life.

Are there any downsides to expungement?

There’s not many downsides, but a few things to keep in mind:

• It’s still visible on federal FBI background checks, although without disposition details.
• The record can be unsealed by court order in limited circumstances, like if you’re a witness in a criminal case.
• It does not seal or expunge related civil judgments, like restitution.
• Expunged offenses can still count as “strikes” under New Jersey’s Three Strikes repeat offender law.

But overall, the benefits outweigh the negatives for most people. It’s usually worth pursuing if you qualify.

Should I speak to a lawyer about expungement?

I would definitely consult with a criminal defense lawyer if you are considering expunging a record under 2C:52-15. The process involves complicated legal paperwork and procedures. A lawyer can advise you on eligibility, help prepare the petition, and represent you at the court hearing. They know how to deal with potential objections from the prosecution. It’s worth the cost to hire an expert.

Conclusion

Hopefully this breakdown gives you a better understanding of New Jersey’s record expungement law and process. It can be a confusing system to navigate, with specific eligibility requirements under Section 2C:52-15. But if you qualify and complete the steps, it can remove the burden of a criminal conviction and give you a clean slate. Just be sure to check with a lawyer to see if you are eligible and if expungement makes sense for your situation. It’s a powerful tool if used successfully. Let me know if you have any other questions!