Expungement of Indictable Offenses in NJ CLEAN YOUR CRIMINAL RECORDS

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N.J.S.A. 2C:52-2

2C:52-2. Indictable offenses

 

a. In all cases, except as herein provided, wherein a person has been convicted of a crime under the laws of this State and who has not been convicted of any prior or subsequent crime, whether within this State or any other jurisdiction, and has not been adjudged a disorderly person or petty disorderly person on more than two occasions may, after the expiration of a period of 10 years from the date of his conviction, payment of fine, satisfactory completion of probation or parole, or release from incarceration, whichever is later, present a duly verified petition as provided in N.J.S.2C:52-7 to the Superior Court in the county in which the conviction was entered praying that such conviction and all records and information pertaining thereto be expunged.

Notwithstanding the provisions of the preceding paragraph, a petition may be filed and presented, and the court may grant an expungement pursuant to this section, although less than 10 years has expired in accordance with the requirements of the preceding paragraph where the court finds:

(1) less than 10 years has expired from the satisfaction of a fine, but the 10-year time requirement is otherwise satisfied, and the court finds that the person substantially complied with any payment plan ordered pursuant to N.J.S.2C:46-1 et seq., or could not do so due to compelling circumstances affecting his ability to satisfy the fine; or

(2) at least five years has expired from the date of his conviction, payment of fine, satisfactory completion of probation or parole, or release from incarceration, whichever is later; the person has not been convicted of a crime, disorderly persons offense, or petty disorderly persons offense since the time of the conviction; and the court finds in its discretion that expungement is in the public interest, giving due consideration to the nature of the offense, and the applicant's character and conduct since conviction.

In determining whether compelling circumstances exist for the purposes of paragraph (1) of this subsection, a court may consider the amount of the fine or fines imposed, the person's age at the time of the offense, the person's financial condition and other relevant circumstances regarding the person's ability to pay.

Although subsequent convictions for no more than two disorderly or petty disorderly offenses shall not be an absolute bar to relief, the nature of those conviction or convictions and the circumstances surrounding them shall be considered by the court and may be a basis for denial of relief if they or either of them constitute a continuation of the type of unlawful activity embodied in the criminal conviction for which expungement is sought.

b. Records of conviction pursuant to statutes repealed by this Code for the crimes of murder, manslaughter, treason, anarchy, kidnapping, rape, forcible sodomy, arson, perjury, false swearing, robbery, embracery, or a conspiracy or any attempt to commit any of the foregoing, or aiding, assisting or concealing persons accused of the foregoing crimes, shall not be expunged.

Records of conviction for the following crimes specified in the New Jersey Code of Criminal Justice shall not be subject to expungement: N.J.S. 2C:11-1 et seq. (Criminal Homicide), except death by auto as specified in N.J.S. 2C:11-5; N.J.S. 2C:13-1 (Kidnapping); section 1 of P.L.1993, c. 291 (C.2C:13-6) (Luring or Enticing); section 1 of P.L.2005, c. 77 (C.2C:13-8) (Human Trafficking); N.J.S. 2C:14-2 (Sexual Assault or Aggravated Sexual Assault); N.J.S. 2C:14-3a (Aggravated Criminal Sexual Contact); if the victim is a minor, N.J.S. 2C:14-3b (Criminal Sexual Contact); if the victim is a minor and the offender is not the parent of the victim, N.J.S. 2C:13-2 (Criminal Restraint) or N.J.S. 2C:13-3 (False Imprisonment); N.J.S. 2C:15-1 (Robbery); N.J.S. 2C:17-1 (Arson and Related Offenses); N.J.S. 2C:24-4a. (Endangering the welfare of a child by engaging in sexual conduct which would impair or debauch the morals of the child); N.J.S. 2C:24-4b(4) (Endangering the welfare of a child); N.J.S. 2C:24-4b. (3) (Causing or permitting a child to engage in a prohibited sexual act); N.J.S. 2C:24-4b.(5)(a) (Distributing, possessing with intent to distribute or using a file-sharing program to store items depicting the sexual exploitation or abuse of a child); N.J.S. 2C:24-4b.(5)(b) (Possessing items depicting the sexual exploitation or abuse of a child); N.J.S. 2C:28-1 (Perjury); N.J.S. 2C:28-2 (False Swearing); N.J.S. 2C:34-1b.(4) (Knowingly promoting the prostitution of the actor's child); section 2 of P.L.2002, c. 26 (C.2C:38-2) (Terrorism); subsection a. of section 3 of P.L.2002, c. 26 (C.2C:38-3) (Producing or Possessing Chemical Weapons, Biological Agents or Nuclear or Radiological Devices); and conspiracies or attempts to commit such crimes.

Records of conviction for any crime committed by a person holding any public office, position or employment, elective or appointive, under the government of this State or any agency or political subdivision thereof and any conspiracy or attempt to commit such a crime shall not be subject to expungement if the crime involved or touched such office, position or employment.

c. In the case of conviction for the sale or distribution of a controlled dangerous substance or possession thereof with intent to sell, expungement shall be denied except where the crimes involve:

(1) Marijuana, where the total quantity sold, distributed or possessed with intent to sell was 25 grams or less;

(2) Hashish, where the total quantity sold, distributed or possessed with intent to sell was five grams or less; or

(3) Any controlled dangerous substance provided that the conviction is of the third or fourth degree, where the court finds that expungement is consistent with the public interest, giving due consideration to the nature of the offense and the petitioner's character and conduct since conviction.

d. In the case of a State licensed physician or podiatrist convicted of an offense involving drugs or alcohol or pursuant to section 14 or 15 of P.L. 1989, c. 300 (C.2C:21-20 or 2C:21-4.1), the court shall notify the State Board of Medical Examiners upon receipt of a petition for expungement of the conviction and records and information pertaining thereto.


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

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Robert W. Avery, Esq., and The Law Offices of AVERY & AVERY, Esqs., practice in the Superior Courts of Bergen County NJ, Passaic County NJ, Hudson County NJ, Essex County NJ, and the Municipal Courts of Allendale NJ, Alpine NJ, Bergenfield NJ, Bogota NJ, Carlstadt NJ, Central Municipal Court of Bergen County NJ, Cliffside Park NJ, Closter NJ, Cresskill NJ, Demarest NJ, Dumont NJ, East Rutherford NJ, Edgewater NJ, Elmwood Park NJ, Emerson NJ, Englewood NJ, Englewood Cliffs NJ, Fairfield NJ, Fair Lawn NJ, Fairlawn NJ, Fairview NJ, Fort Lee NJ, Franklin Lakes NJ, Garfield NJ, Glen Rock NJ, Hackensack NJ, Harrington Park NJ, Hasbrouck Heights NJ, Haworth NJ, Hillsdale NJ, Ho-Ho-Kus NJ, Leonia NJ, Little Ferry NJ, Lodi NJ, Lyndhurst NJ, Mahwah NJ, Maywood NJ, Midland Park NJ, Montvale NJ, Moonachie NJ, New Milford NJ, North Arlington NJ, Northvale NJ, Norwood NJ, Oakland NJ, Old Tappan NJ, Oradell NJ, Palisades Interstate Court NJ, Palisades Interstate Park Court NJ, Palisades Interstate Parkway Court NJ, Palisades Parkway Court NJ, Palisades Interstate Park Commission Court NJ, Police Court of the Palisades Interstate Park and Parkway NJ, Palisades Park NJ, Paramus NJ, Park Ridge NJ, Ramsey NJ, Ridgefield NJ, Ridgefield Park NJ, Ridgewood NJ, River Edge NJ, River Vale NJ, Rochelle Park NJ, Rockleigh NJ, Rutherford NJ, Saddle Brook NJ, Saddlebrook NJ, Saddle River NJ, South Hackensack NJ, Teaneck NJ, Tenafly NJ, Teterboro NJ, Upper Saddle River NJ, Waldwick NJ, Wallington NJ, Washington Township NJ, Westwood NJ, Woodcliff Lake NJ, Wood-Ridge NJ, Wyckoff NJ, Passaic NJ, Paterson NJ, Jersey City NJ, North Bergen NJ, Secaucus NJ, Union City NJ, Weehawken NJ, Newark NJ, East Orange NJ, and West Orange NJ, and Hackensack NJ.

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