Am I Eligible for Expungement in New Jersey?
Several things impact whether you are eligible for expungement, including how much time has passed since your arrest or conviction. There is a waiting period from the time you were convicted to the time you can petition for expungement. If you were arrested but never convicted, you may be able to have your arrest and charges expunged immediately.
There are also only certain types of crimes eligible for expungement. Our expungement lawyers have the knowledge and experience with the New Jersey expungement statute to give you the information you need to proceed.
Crimes Ineligible for Expungement
Certain crimes in New Jersey cannot be expunged, such as:
- DUI/DWI under N.J.S.A. 39:4-50(a)
- Criminal homicide (vehicular homicide excepted) under N.J.S.2C:11-2
- Luring or enticing
- Aggravated sexual assault under N.J.S.2C:14-2(a)
- Criminal sexual contact with a minor under N.J.S.2C:14-3(b)
- Criminal restraint
- Robbery under N.J.S.2C:15-1
- Endangering the welfare of a child under N.J.S.2C:24-4b(5)(b)
- False imprisonment
- False swearing
- First and second-degree distribution of a controlled dangerous substance or possession of a controlled dangerous substance with intent to distribute (Third and fourth-degree distribution charges are expungable)
What Are the Advantages of Expungement?
When you are arrested, charged, or convicted, the crime will be documented in your criminal record. Even if you were never convicted, an employer who conducts a background check may decide not to hire you just because you were arrested and fingerprinted. This type of behavior is not limited to employers, but also universities, scholarship foundations and housing providers.
This type of burden can follow you around for the rest of your life. Record expungement gives you a fresh start, allowing you to confidently apply for jobs and other things without the fear of being rejected because of your record. Do not assume that because you had your charges dismissed or because you completed a diversionary program that there is nothing on your record.
What to Do Next About Expunging Your Record
Our attorneys know you want to have your expungement completed successfully, as soon as possible. Typically, the motion for expungement is scheduled for about 30 to 60 days after the expungement petition is filed. 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.
At your consultation, we’ll discuss all the information needed to move forward with expungement. Specific information will need to be obtained about the criminal offense such as:
- a summons or complaint number
- the arresting agency
- criminal charge
- corresponding statutory number
- arrest date
- disposition in court
Without this information, the expungement cannot be appropriately filed and, consequently, it will not be granted. We have the ability to research your previous record to ensure that the petition for expungement is accurate. Oftentimes, there is information on someone’s criminal history that they did not even know existed or that they believed was never memorialized in a record.