HOW DO I KNOW IF I AM ELIGIBLE FOR AN EXPUNGEMENT IN NEW JERSEY?
To be eligible for an expungement, you must have satisfied the applicable statutorily required waiting period. These waiting periods differ depending on the type of conviction you are seeking to expunge. The statutorily required waiting periods are found in N.J.S.A. 2C:52-1 et. seq.
- Indictable Offenses (10 years) – N.J.S.A. 2C:52-2.
- Disorderly Person and Petty Disorderly Person Offenses (5 years) - N.J.S.A. 2C:52-3.
- Local Ordinance Violations (2 years)– N.J.S.A. 2C:52-4.
- Dismissals after completion of a diversionary program (i.e. conditional discharge or Pre-Trial Intervention) (6 months) – N.J.S.A. 2C:52-6.
- Outright Dismissals (immediately)
HOW DO I CALCULATE THE DATE THAT I WILL BECOME ELIGIBLE FOR AN EXPUNGEMENT?
For indictable offenses, you must wait 10-years from the date in which you completed your sentence, probation, and payment of all applicable fines and penalties. For disorderly persons offenses, and petty disorderly persons offenses, you must wait 5-years from the date in which you completed your sentence, probation, and payment of all applicable fines and penalties. For local ordinance violations, you must wait 2-years from the time in which you completed your sentence, probation, and payment of all applicable fines and penalties. For arrests that resulted in a dismissal after a diversionary program (i.e. conditional discharge, or Pre-Trial Intervention) you must wait 6-months from the entry of dismissal. For outright dismissals there is no statutorily required waiting period.
ARE CERTAIN OFFENSES PERMANENTLY BARRED FROM BEING EXPUNGED?
Yes. The following crimes are permanently barred from being expunged:
- N.J.S.A. 2C:11-1 et seq. (Criminal Homicide), except death by auto as specified in section 2C:11-5;
- N.J.S.A. 2C:13-1 (Kidnapping);
- N.J.S.A. 2C:13-6 (Luring or Enticing);
- N.J.S.A. 2C:14-2 (Aggravated Sexual Assault);
- N.J.S.A. 2C:14-3a (Aggravated Criminal Sexual Contact); if the victim is a minor,
- N.J.S.A. 2C:14-3b (Criminal Sexual Contact); if the victim is a minor and the offender is not the parent of the victim,
- N.J.S.A. 2C:13-2 (Criminal Restraint) or section 2C:13-3 (False Imprisonment);
- N.J.S.A. 2C:15-1 (Robbery);
- N.J.S.A. 2C:17-1 (Arson and Related Offenses);
- N.J.S.A. 2C:24-4a. (Endangering the welfare of a child by engaging in sexual conduct which would impair or debauch the morals of the child);
- N.J.S.A. 2C:24-4b(4) (Endangering the welfare of a child);
- N.J.S.A. 2C:28-1 (Perjury);
- N.J.S.A. 2C:28-2 (False Swearing) and conspiracies or attempts to commit such crimes. 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.
CONVICTIONS FOR SALE, DISTRIBUTION OF A CONTROLLED DANGEROUS SUBSTANCE OR POSSESSION WITH INTENT TO SELL
Pursuant to N.J.S.A. 2C:52-2(c), a conviction for the sale or distribution of a controlled dangerous substance or possession thereof with intent to sell, expungement shall be denied except where the crimes relate to:
- (1) Marijuana, where the total quantity sold, distributed or possessed with intent to sell was 25 grams or less, or
- (2) Hashish, where the total quantity sold, distributed or possessed with intent to sell was five grams or less.
Free Consultations Available – New Jersey Expungement Lawyer 908.322.7000
It is very important that your petition for expungement be properly submitted. The law firm of Bramnick, Rodriguez, Mitterhoff, Grabas & Woodruff has handled expungement matters for many years. Casey Woodruff is a former Union County prosecutor. Gary Grabas was a prosecutor for Morris and Middlesex Counties. If you are seeking an expungement, you can contact us at any time at (908) 322-7000 for a free consultation. Our office handles expungement matters in Union, Morris, and Essex Counties.
