New Jersey Section 2C:52-4.1 – Juvenile delinquent; expungement of adjudications and charges.

Expunging Juvenile Records in New Jersey: A Guide to Section 2C:52-4.1

Having a criminal record, even as a juvenile, can negatively impact your life in many ways. It can make it harder to get a job, rent an apartment, or get approved for loans. Thankfully, New Jersey law provides a way for juveniles to expunge their records through Section 2C:52-4.1. This article will explain what expungement is, who qualifies, how to apply, and the benefits.

What is Expungement?

Expungement is the process of sealing criminal records from public view. When a record is expunged in New Jersey, all the records related to that case are removed from law enforcement and court databases. The case is essentially erased, with a few exceptions – certain agencies like law enforcement can still access expunged records in limited circumstances.

Once a record is expunged, it’s like the offense never happened. You can legally deny the charge ever occurred and do not have to disclose it on job or housing applications. Expungement gives juveniles a fresh start and chance to move on with their lives.

Who Qualifies for Expungement Under 2C:52-4.1?

Section 2C:52-4.1 allows juveniles to expunge their entire juvenile record if they meet these requirements:

• At least 3 years have passed since final discharge from custody or court supervision
• No convictions, adjudications of delinquency, or findings of need for supervision in the last 3 years
• Never convicted of certain serious offenses (see list below)
• Have not had an adult conviction expunged

The following serious offenses permanently disqualify a juvenile from using this expungement law:

• Criminal homicide
• Kidnapping
• Human trafficking
• Aggravated sexual assault
• Certain child endangerment offenses

If you have one of these disqualifying convictions, you may still be able to expunge individual adjudications using the process in 2C:52-2.

The Expungement Process

Expunging a record under 2C:52-4.1 involves filing a petition in Superior Court in the county where you were adjudicated delinquent. The petition must provide details like your name, DOB, offenses, case numbers, etc.

You’ll need to obtain and submit official statements that verify you meet the time requirements – like a probation discharge letter. The court will also request your delinquency records from relevant agencies.

There is a filing fee around $150-$200 to submit the petition. The process takes 2-3 months on average. The court will schedule a hearing to review your petition – you must attend this hearing. If approved, the court will order all agencies to expunge your records.

Benefits of Expungement

Getting your juvenile record expunged provides many benefits, like:

• Passing employer background checks and qualifying for jobs
• Qualifying for student loans and housing
• Restoring certain rights, like gun ownership
• Increased earnings and career potential
• Improved mental health from reduced stigma

Expungement gives juveniles a clean slate and chance at a successful future. While the process takes time and effort, it’s worthwhile for most people with a record.

Finding Legal Help

The expungement process has precise filing requirements, so working with an attorney is highly recommended. A lawyer can advise if you qualify, gather required documents, file the petition, and represent you at the hearing.

Public defender organizations and legal aid clinics provide free expungement services in some counties. You may also find low-cost help from expungement clinics hosted by law schools and community groups.

Private expungement lawyers typically charge $1000-$2000 to handle the entire process. Their fees may be negotiable depending on your financial situation. Be sure to get a clear price quote in writing.

Conclusion

Section 2C:52-4.1 provides critical relief for New Jersey juveniles seeking to expunge their records. If you have a juvenile record, don’t assume expungement is impossible – consult with an attorney to understand your options. While expunging your record takes effort, it can truly change the trajectory of your life.