New Jersey Section 2C:52-2 – Indictable offenses.

New Jersey’s Expungement Law for Indictable Offenses: A Closer Look

New Jersey’s expungement law, specifically Section 2C:52-2, allows individuals convicted of certain indictable offenses in New Jersey to have their criminal records expunged, or erased. This can be a complicated process, but with some background knowledge, it is possible for qualifying individuals to get a fresh start.

What Are Indictable Offenses?

In New Jersey, crimes are categorized as either indictable offenses, disorderly persons offenses, or petty disorderly persons offenses. Indictable offenses are the most serious criminal charges – they are equivalent to felonies in other states. Some examples of indictable offenses in New Jersey include robbery, aggravated assault, burglary, and drug distribution charges.

Disorderly persons offenses are less serious criminal charges, equivalent to misdemeanors in other states. Petty disorderly persons offenses are the least serious criminal charges in New Jersey.

Expungement Eligibility for Indictable Offenses

Section 2C:52-2 of New Jersey law allows for expungement of records related to certain indictable offense convictions. However, it does have strict eligibility requirements:

• The individual can only have one indictable offense conviction on their record. Multiple indictable offense convictions make a person ineligible.
• The individual cannot have any prior or subsequent convictions for another indictable offense or more than three disorderly or petty disorderly persons offenses.
• There is a 10-year waiting period from the date of conviction, payment of fine, completion of probation/parole, or release from incarceration – whichever date is latest.
• Certain indictable offenses are never eligible for expungement, including murder, kidnapping, aggravated sexual assault, human trafficking, robbery, arson, endangering the welfare of a child, perjury and terrorism.

Additionally, individuals convicted of public corruption crimes are not eligible for expungement of those records.

The Expungement Process

If an individual meets the eligibility criteria, they can petition the Superior Court in the county where they were most recently convicted to expunge a record. The petition must provide detailed information, including a list of all prior offenses and the date and circumstances of the offense the individual is seeking to expunge.

The prosecutor’s office will be notified and has 60 days to object to the expungement petition if they believe the individual is not actually eligible. If there is no objection, the court can grant the expungement. The court also has discretion to waive the 10-year waiting period if there are compelling circumstances.

Effects of an Expungement

If an expungement petition is granted, it is as if the offense never occurred. The court records are erased and the individual can legally state they do not have a criminal conviction. Expunged records still exist in the court system but are only accessible by court order.

An expungement allows individuals to regain certain rights and opportunities that were lost with a criminal conviction. For example, expunged offenses do not need to be reported on job or housing applications. Expungement can open doors to better employment, education, and housing.

When Expungement Can Be Reversed

In rare cases, an expungement can be reversed if it is later revealed that the individual was actually ineligible at the time the expungement was granted. This can occur if a mistake was made in the initial background check or if additional disqualifying convictions are later uncovered. The prosecutor has 5 years to file a motion to vacate an expungement order if evidence of ineligibility arises.