New Law Effective October 1 2018
This new law enables criminal expungement of numerous matters that previously could not be expunged. See Info Below
- The waiting period before a criminal conviction can be expunged is lowered from ten years to six years. In some cases, that six year wait can be lowered to five years, just as before;
- Previously, the number of disorderly persons or petty disorderly persons convictions that could be expunged was three. That number, assuming no independent criminal convictions, is increased to four;
- Previously, criminal convictions could be expunged if there were not more than two additional disorderly persons or petty disorderly persons convictions. The new law raises that limit of additional disorderly persons or petty disorderly persons convictions (or any combination thereof) from two to three;
- Previously, no conviction could be expunged if the applicant has had one or more criminal charges dismissed as a result of successful completion of a diversion. The new law eliminates that bar;
- When juvenile adjudications can be expunged, the waiting time is lowered from five years to three years.
Previously the limit on the number of criminal episodes that could be expunged was one. That limit remains one, but is relaxed in some situations. Here are the situations:
- All criminal convictions for which expungements are sought are listed in a single judgment of conviction;
- All of the convictions related to crimes that were “interdependent” or closely related in circumstances and were committed as part of a sequence of events that took place within a comparatively short period of time.
