New Jersey Law FAQS: What crimes are eligible for expungement?
NJ Expungement of Records Lawyer, Freehold, Monmouth, County, New Jersey
Why You Should Have Your Criminal Record Expunged
Unfortunately, many employers, and educational institutions place a stigma on any person who has been arrested let alone convicted of a crime. A prior criminal conviction can affect your employment opportunities and may be an absolute bar to certain job opportunities. A prior arrest or conviction can also affect professional licensing boards and college applications.
Contact our New Jersey criminal defense law firm today for a free consultation. We can tell you if you are eligible to have your records expunged and explain the process to you.
Eligible Crimes and Waiting Period for Expungements
The following is a chart which sets forth the general eligibility requirements for an expungement in NJ and the waiting periods for filing a petition for expungement in NJ.
| TYPE OF CONVICTION | TIME ELAPSED SINCE CONVICTION |
| Indictable two or more convictions | 10 years waiting period from completion of sentence |
| Disorderly Persons (up to 3 disorderly) | 5 years waiting period from completion of sentence |
| Petty Disorderly Persons | 5 years waiting period from completion of sentence |
| Municipal Ordinances | 2 years waiting period from completion of sentence |
| Juvenile Delinquency | 5 years waiting period from completion of supervision |
| Possession of CDS <21 yoa | 1 year period from completion of sentence |
| Arrests not resulting in Convictions | Immediately |
| Conditional Discharges/Pretrial Invention | 6 months |
Out of State Residents Eligible for an Expungement in NJ
Attorneys at Clark & Clark, LLC handle New Jersey expungements for out of state residents as well as in state residents. You do not need to come back to New Jersey in order to have your expungement effectively litigated. Our attorneys will prepare all the filings and handle any expungement matter that needs to be litigated in court without you ever coming to New Jersey. Contact us today to discuss the details.
Length of Time Before Expungement is Complete
Pursuant to Court rules, the expungement motion should be scheduled from 30 to 60 days from the filing of the expungement petition. Of course, each County is slightly different as far as the time it takes to get your case listed on the expungement calendar. Due to the tremendous increase in the amount of people seeking expungements in NJ, some courts may take slightly longer. If you need your matter expunged quickly, please contact our office and we will assist in getting your case expunged on an expedited basis if possible.
Convictions for the Following Crimes are not Eligible for Expungement in NJ:
(1) Criminal Homicide (exception Vehicular Homicide)
(2) Kidnapping
(3) Luring or Enticing
(4) Aggravated Sexual Assault
(5) Criminal Sexual Contact if the victim is a minor
(6) Criminal Restraint
(7) Robbery
(8) Endangering the Welfare of a Child (if based on sexual contact or child pornography)
(9) False imprisonment
(10) Perjury
(11) False Swearing
(12) Distribution of Controlled Dangerous Substance or Possession of Controlled Dangerous Substances with Intent to Distribute
In addition, the NJ expungement statute does not apply to motor vehicle violations or DWI or DUI. Thus, neither DWI/ DUI or traffic tickets can be expunged.
Information Needed to Get Started
In order for an attorney to file a New Jersey expungement petition, specific information about the offense such as summons or complaint number, arresting agency, criminal charge and corresponding statutory number, arrest date, and disposition in court will need to be obtained. Without this information, the expungement cannot be appropriately filed and, consequently, it will not be granted.
Let the experienced attorneys at Clark & Clark guide you in obtaining the necessary information for the filing of your New Jersey expungement petition. We have the ability to research your previous record to ensure that the petition for expungement is accurate. Often times, there is information on a clients criminal history that they did not even know existed or that they believed was never memorialized in a record.
Remember, an arrest for any crime absent a conviction may be expunged. Not everyone who has been convicted of a crime in New Jersey, however, qualifies for an expungement in NJ.
We would be happy to provide a free consultation to see if you qualify for a NJ expungement. Call us today at (732) 303-7857.
