New Jersey’s Expungement Law: What You Need to Know About Section 2C:52-30

New Jersey’s expungement law allows people convicted of certain crimes to have their criminal records erased after a period of time. This can help remove barriers to employment, housing, education, and other opportunities. One important provision of the expungement law is Section 2C:52-30, which deals with the disclosure of expunged records.

What is Expungement in New Jersey?

Expungement is the process of having your criminal record sealed from public view. While the records still exist in the court system and law enforcement databases, they are no longer accessible without a court order.

In New Jersey, you can petition the court to expunge records for certain arrests, convictions, and completed probation terms. If approved, agencies like courts, law enforcement, corrections facilities, and probation must remove your records from public access.

The Benefits of Expungement

Getting your record expunged can open doors that may have seemed permanently closed. An expunged record means you don’t have to disclose convictions on most job or housing applications. Expungement also restores certain rights, like the ability to serve on a jury and obtain professional licenses.

Who is Eligible for Expungement in New Jersey?

You may be eligible for expungement if:

• You were convicted of an indictable offense (felony) and have remained conviction-free for 10 years
• You were convicted of up to 3 disorderly persons offenses (misdemeanors) and have remained conviction-free for 5 years
• Your charges were dismissed through PTI or conditional discharge
• You were acquitted or otherwise exonerated

Certain very serious violent crimes, like murder and kidnapping, are not eligible for expungement in New Jersey.

The Expungement Process in New Jersey

Getting your record expunged in New Jersey involves filing a petition, attending a hearing, and serving the expungement order. It can take 6 months or longer from start to finish.

You’ll need to obtain your complete criminal history and accurately list all past charges. Missing something could cause your petition to be denied.

The prosecutor’s office will be notified and can object to your expungement. However, they rarely do if you are eligible.

Once approved, you must deliver copies of the expungement order to all relevant agencies. A typical petition may need to be served to over 20 different organizations.

Section 2C:52-30 – Disclosure of the Expungement Order

So what happens once you get your record expunged in New Jersey? Section 2C:52-30 deals with the disclosure of expunged records.

This statute says that anyone who reveals the existence of your expunged arrests, convictions, or legal proceedings to another person can be fined up to $200 for a disorderly persons offense.

There are some exceptions. For example, you still have to disclose expunged records if:

• You are seeking employment in law enforcement, corrections, or the judicial system
• You are applying for a law license
• There is a subsequent arrest after expungement
• The information is needed for an insurance claim investigation

Outside of these exceptions, disclosing your expunged record to employers, landlords, or others can result in a fine.