New Jersey Section 2C:52-7 – Petition for expungement
Contents
For those looking to expunge their criminal record in New Jersey, Section 2C:52-7 of the New Jersey Code outlines the requirements for filing a petition. This section specifies what must be included in the petition, who is eligible, and the process for filing.
Overview of Expungement in New Jersey
New Jersey offers opportunities for both expungement and sealing of criminal records. Expungement essentially erases the record, while sealing makes the record unavailable to the public but still accessible to law enforcement. The main advantage of expungement over sealing is that for most purposes, someone whose record has been expunged can answer “no” if asked whether they have ever been arrested or convicted.
However, not all crimes are eligible for expungement in New Jersey. Only indictable offenses and disorders can be expunged, not criminal convictions. Lesser convictions like municipal ordinances can be expunged. Eligibility also depends on the type of offense, number of convictions, and time elapsed since the most recent offense.
What Does Section 2C:52-7 Cover?
Section 2C:52-7 specifically covers the petition for expungement – what must be included and how it must be filed. Key components include:
- Verification: The petition must be signed under oath, confirming everything included is true.
- Personal details: Full legal name, aliases, date of birth, address, information on arrests/charges/convictions sought to be expunged.
- Explanation of eligibility: Details on why records are eligible based on offense type, time elapsed, etc.
- Request to expunge: Specific records and related info to be expunged if petition is approved.
- Notification: Explanation of efforts to notify required parties (prosecutors, probation departments, police records departments, etc.)
Requirements for Filing a Petition
In addition to the required contents above, there are other requirements for filing for expungement under 2C:52-7:
- A fee of $75 made payable to the State Treasurer (can request waiver if indigent)
- Completed State Bureau of Identification Form
- Consent from appropriate law enforcement agency if expunging juvenile records
- Minimum 5-year waiting period for indictable offenses/disorderly persons offenses
The Expungement Petition Process
Once the petition is prepared and requirements are met, next steps include:
- Filing with the Superior Court in the county the arrest/conviction occurred
- Serving the petition on required parties
- Publication of a notice of the petition (if required)
- Court hearing scheduled 1-2 months after filing
- Judge reviews and makes decision to approve or deny expungement
If approved, parties will receive expungement orders outlining next steps to physically destroy records. The entire expungement process usually takes 4-6 months from filing a petition to records being expunged.
Implications of Expungement
Getting criminal records expunged in New Jersey can open up significant opportunities that may have been previously unavailable with a criminal background. According to NJ Laws 2C:52-27, someone whose record has been expunged may answer questions about their record the same as if it never occurred.
However, it’s important to note that while expunged records are erased from public record, certain agencies like law enforcement and the court system will still have access. Expungement also does not guarantee any employment, license, or other opportunity – but it eliminates automatic disqualification in many cases.
Overall the expungement process in New Jersey can be complicated, but with some persistence and the right legal support, having prior charges expunged can open up new possibilities. Those interested should carefully review eligibility requirements, particularly the long list of exclusions for expungement. Consulting with a local expungement lawyer is highly recommended before pursuing Section 2C:52-7 record expungement.