Expungements

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CLEAR YOUR CRIMINAL RECORD

Expungements - N.J.S.A. 2C:52-1

Having a criminal record is something that can have an negative impact on the rest of your life if you do not handle it properly. The impact can extend to being denied a lease you may wish to have, to being denied certain professional licenses, and certainly it can affect your obtaining certain types of employment should the employer run a criminal record check. Even so, being convicted of or pleading guilty to a crime or to a disorderly person’s offense in the State of new Jersey does not always mean that you will have a criminal record following you for the rest of your life.


In the broadest general terms a defendant may only expunge his or her criminal record 10 years after conviction OR after release from prison/parole, but there are conditions.  To do this the individual must not have been convicted of any crime subsequent to the crime desired to be expunged.  One generally also should not have been convicted of more than two disorderly or petty disorderly persons offenses.  Although having more than two disorderly or petty disorderly persons offenses is not an absolute bar to expunging one’s record, the expungement petition may be denied if they are particularly negative crimes or they represent a continuation of an ongoing pattern of criminality.  


There is an exception to the five year rule relating to disorderly, or petty disorderly persons offenses.  One may, after only 5 years, expunge a record if you have not been convicted of ANY crime, disorderly, or petty disorderly persons offenses subsequent to the event you wish expunged.   The court must also adjudge that expungement of your record is consistent with the public interest. 

 

Because of the above complexities, if you have a criminal record you wish to expunge and are charged with any crime, even minor ones, it is important to speak to an experienced Criminal Defense Attorney so that the matter may be properly analyzed and presented to the Court so as to maximize your chances of ultimate expungement.

 

Despite the above, there are certain offenses which may not be expunged under any circumstances, these are:

Possession with intent to sell, or sale of more than 25 grams of Marijuana

Possession with intent to sell, or sale of more than 5 grams of Hashish

Possession with intent to sell, or sale, of any drug where that offense is of the first or second degree

Many crimes involving endangering minors, including sex offenses

Kidnapping

Murder

Certain political offenses, that “touch” upon the office


THE ABOVE IS A SUMMARY OF MOST COMMON RULES RELATING TO EXPUNGEMENTS, HOWEVER THERE ARE SEPARATE STATUTES FOR EACH  FOR EACH CATEGORY OF OFFENSE, THEY ARE AS FOLLOWS:


TO SEE THE FULL NEW JERSEY EXPUNGEMENT STATUTE FOR INDICTABLE OFFENSES, CLICK HERE.


TO SEE THE FULL NEW JERSEY EXPUNGEMENT STATUTE FOR DISORDERLY AND PETTY DISORDERLY OFFENSES, CLICK HERE.


TO SEE THE FULL NEW JERSEY EXPUNGEMENT STATUTE FOR LOCAL ORDINANCES, CLICK HERE.


TO SEE THE FULL NEW JERSEY EXPUNGEMENT STATUTE FOR JUVENILE OFFENSES, CLICK HERE.


TO SEE THE FULL NEW JERSEY EXPUNGEMENT STATUTE FOR YOUNG DRUG OFFENDER MATTERS, CLICK HERE.


TO SEE THE FULL NEW JERSEY EXPUNGEMENT STATUTE FOR ARRESTS NOT RESULTING IN A CONVICTION, CLICK HERE.

 

Keep in mind that there is no right to expungement, and an applicant may be denied relief in the courts discretion. Interpretation of the New Jersey Expungement Statutes can be complex and, like all criminal charges, must be addressed promptly and aggressively by experienced and skilled criminal defense lawyers who understand New Jersey law and know the criminal justice system.  Put your trust in a firm that has been to every level of the judicial system, and breathe a sigh of relief knowing that you are in good hands. Take the first step to fighting your criminal charge,


 Contact the Experienced Criminal Defense Attorneys of Avery & Avery for  a Free Initial Consultation

or simply call

201-943-2445

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