In January 2010, legislation was passed and signed which changed the expungement laws in New Jersey. Expungement is the process whereby a person previously arrested and/or convicted of a crime, disorderly persons offense, petty disorderly persons offense or municipal ordinance violation can have his or her record expunged or hidden so no one can know that he or she has a "criminal record." Expunging your criminal record can be very beneficial as most employers conduct criminal background checks. You don't want to lose a job offer because of that crazy night you had in college or that one night you smoked weed on the beach after high school graduation. See New Jersey Statute 2C:52-1 for the statutory definition of expungement.
The expungement laws of New Jersey are found at New Jersey Statute 2C:52-1 through 2C:52-32. The laws now allow for an expungement petition to be filed after a shorter waiting period and allow for expungement of third and fourth degree drug convictions. N.J.S.A. 2C:52-2. Previously, a person seeking an expungement for a crime would have to wait ten years from the date of his conviction, payment of fine, satisfactory completion of probation or parole, or release from incarceration, whichever is later, to file a verified petition for expungement. To seek an expungement you must not have been convicted of any prior or subsequent crime, in New Jersey or any other jurisdiction or not be adjudged a disorderly person or petty disorderly person on more than two occasions. N.J.S.A. 2C:52-2.
The current law now allows for the granting of an expungement after at least five years. The new law states:
(1) less than 10 years has expired from the satisfaction of a fine, but the 10-year time requirement is otherwise satisfied, and the court finds that the person substantially complied with any payment plan ordered pursuant to N.J.S.2C:46-1 et seq., or could not do so due to compelling circumstances affecting his ability to satisfy the fine; or
(2) at least five years has expired from the date of his conviction, payment of fine, satisfactory completion of probation or parole, or release from incarceration, whichever is later; the person has not been convicted of a crime, disorderly persons offense, or petty disorderly persons offense since the time of the conviction; and the court finds in its discretion that expungement is in the public interest, giving due consideration to the nature of the offense, and the applicant's character and conduct since conviction.
N.J.S.A. 2C:52-2.
A court may consider the amount of the fine or fines imposed, the person's age at the time of the offense, the person's financial condition and other relevant circumstances regarding the person's ability to pay to determine if compelling circumstances exist for granting an expungement. N.J.S.A. 2C:52-2. Although subsequent convictions for no more than two disorderly or petty disorderly offenses shall not be an absolute bar to relief, the nature of those conviction or convictions and the circumstances surrounding them shall be considered by the court and may be a basis for denial of relief if they or either of them constitute a continuation of the type of unlawful activity embodied in the criminal conviction for which expungement is sought. N.J.S.A. 2C:52-2.
The law now allows for an expungement of a third or fourth degree sale or distribution of drug conviction if the court finds the expungment is consistent with the public interest, giving consideration to the nature of the offense and the petitioner's character and conduct since conviction. Previously, only drug charges for marijuana of 25 grams or less and hashish of five grams or less could be expunged. N.J.S.A. 2C:52-2(c).
Motor vehicle violations are not able to be expunged. See N.J.S.A. 2C:52-28.
Additionally, if you are seeking an expungement of a disorderly persons offense or a petty disorderly persons offense you must wait five (5) years from the date of conviction, payment of fine, satisfactory completion of probation or release from incarceration, whichever is later. N.J.S.A. 2C:52-3.
If you are seeking an expungement of a municipal ordinance violation you must wait two (2) years from the date of conviction, payment of the fine, satisfactory completion of probation or release from incarceration, whichever is later. N.J.S.A. 2C:52-4.
If you are seeking an expungment of a juvenile delinquency adjudication you must wait five years from the final discharge of the person from legal custody or supervision or after the entry of any other court order not involving custody or supervision. N.J.S.A. 2C:52-4.1
Furthermore, you can also seek expungement for an arrest not resulting in a conviction. For example, if you were arrested and charged with a crime, disorderly persons offense, petty disorderly persons offense, or municipal ordinance and the charge was dismissed, you were acquitted or the charge was dismissed pursuant to a program of supervisory treatment you can seek an expungement six(6) months after the order of dismissal or adjudication. N.J.S.A. 2C:52-6.
There are also a number of crimes that cannot be expunged, which include: murder/homicide, manslaughter, treason, anarchy, kidnapping, rape, forcible sodomy, arson, perjury, false swearing, robbery, embracery, or a conspiracy or any attempt to commit any of the foregoing, or aiding, assisting or concealing persons accused of the foregoing crimes, shall not be expunged. Records of conviction for the following crimes specified in the New Jersey Code of Criminal Justice shall not be subject to expungement: Criminal Homicide, except death by auto; Kidnapping; Luring or Enticing; Human Trafficking; Aggravated Sexual Assault; Aggravated Criminal Sexual Contact; if the victim is a minor, Criminal Sexual Contact; if the victim is a minor and the offender is not the parent of the victim, Criminal Restraint or False Imprisonment; Robbery; Arson and Related Offenses; Endangering the welfare of a child by engaging in sexual conduct which would impair or debauch the morals of the child; Endangering the welfare of a child; Causing or permitting a child to engage in a prohibited sexual act; Selling or manufacturing child pornography; Perjury; False Swearing; Knowingly promoting the prostitution of the actor's child; Terrorism; Producing or Possessing Chemical Weapons, Biological Agents or Nuclear or Radiological Devices; and conspiracies or attempts to commit such crimes. N.J.S.A. 2C:52-2(b).
Records of conviction for any crime committed by a person holding any public office, position or employment, elective or appointive, under the government of this State or any agency or political subdivision thereof and any conspiracy or attempt to commit such a crime shall not be subject to expungement if the crime involved or touched such office, position or employment. N.J.S.A. 2C:52-2(b).
Hiring an experienced criminal defense attorney to process your expungement petition can save you time and future aggravation. The expungement process in the Superior Court of New Jersey can be a time consuming and frustrating process. An experience criminal defense attorney can determine if you are eligible for an expungment and file the petition. It is important to notify all law enforcement agencies that may have a record of your matter. If you miss one agency your "criminal record" may still be found by that future employer or nosy relative.
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