Criminal Record Expungement Eligibility
In New Jersey “expungement” means the separation and sealing of criminal records on file with a court or correctional facility that concern a persons arrest, detention, trial, or conviction within the criminal justice system. Records that may be expunged include complaints filed against a person, warrants for a persons arrest, arrests, fingerprints, photographs, “rap sheets”, and judicial docket records. Expungement eligibility rules vary depending on the type of offense such as petty disorderly persons, disorderly persons, municipal ordinance violation, indictable offense, juvenile delinquent, youth drug offense, and arrest not resulting in a conviction. Generally, a person can apply for expungement only once (there are two narrow exceptions to this rule: N.J.S.A 2C:52-14).
Arrest not resulting a conviction. If you received Pretrial Intervention (PTI), Conditional Discharge, Juvenille Conference Committee (JCC), Intake Service Conference, or Deferred Disposition, then you may expunge your record 6 months after the completion of any sentence you received (usually probation). If you were charged with a crime, but not convicted (found not guilty, not enough evidence, charges dropped, etc.), then you may at any time apply for your record to be expunged, unless the dismissal resulted from insanity or the mental inability to commit the crime. (N.J.S.A 2C:52-6). Learn more about arrests not resulting in conviction expungement.
Disorderly Persons. In New Jersey a disorderly persons or petty disorderly persons offense is the equivalent of a misdemeanor. You may be eligible to clear a disorderly persons offense if you have not been convicted of any indictable offense or of another three or more disorderly persons offenses, and more than 5 years have passed from the date of your conviction, payment of fine, completion of probation or parole, or release from jail. (N.J.S.A 2C:52-3). Learn more about disorderly persons expungement.
Indictable offense. In New Jersey an indictable offense (commonly referred to as a crime) is the equivalent of a felony and can be of the first, second, third, or fourth degree. You may be eligible to expunge an indictable offense if you have not been convicted of any other indictable offense in New Jersey or anywhere else or of three or more disorderly person offenses, and more than 10 years have passed from the date of your conviction, payment of fine, completion of probation or parole, or release from jail, whichever is later. There are two exceptions to this general ten-year rule and you may be able to clear your record sooner. (N.J.S.A 2C:52-2). Learn more about felony expungement.
Youth Drug Offense. If you were convicted of possession of drugs and were under 21 years old, then after 1 year you may apply for expungement, which may be granted if you have not violated your parole/probation or committed another crime. You may also be able to clear drug distribution charges involving marijuana or hashish. (N.J.S.A 2C:52-5). Learn more about youth drug offense expungement.
Municipal Ordinance. Municipal ordinances are laws of local governments, whereas the criminal code has laws that cover all of New Jersey. A violation of a municipal ordinance may be expunged if you have not been convicted of any indictable offense or of three or more disorderly persons offenses, and more than 2 years have passed from the date of your conviction, payment of fine, completion of probation or parole, or release from jail. (N.J.S.A 2C:52-4). Learn more about municipal ordinance violation expungement.
Juvenile Delinquent. In General, if you were convicted of being a juvenile delinquent (the equivalent of a conviction), you may apply to have your record expunged when an adult convicted of the same crime would be eligible. Furthermore, you may be able to expunge your entire record of delinquency if you have gone 5 years without another conviction. (N.J.S.A 2C:52-4.1). Learn more about juvenile expungement.
There are some serious crimes that cannot be expunged; these include murder, manslaughter, treason, kidnapping, rape, arson, robbery, endangering the welfare of the child and other serious crimes like these. If you committed a crime while you were in public office or public employment, then it cannot be expunged. If the crime you committed relates to the sale or distribution of controlled substances (drugs), then it may only be expunged if it involved less than 25 grams of Marijuana or Hashish, or a crime of the third of fouth degree. (N.J.S.A 2C:52-2). Other non-serious drug crimes may be expunged if a court decides it is appropriate to do so. ExpungeMyRecordNJ can help with our criminal record expungement: contact us today.