Scenarios in Which Your Expungement Can Be Denied

Wednesday, August 13th, 2014

In the state of New Jersey, there are two scenarios that can leave you without the expungement you were hoping for, to wipe away a crime from your record:

  1. Ineligibility
  2. Objection to Your Petition

 

Why Would You Be Ineligible for an Expungement?

  • Prior Convictions- Numerous requirements must be met in order for an expungement petition to be eligible. An individual must not have other prior convictions. New Jersey courts take into account all previous crimes when considering eligibility of expungement petition
  • Pending Cases- Pending criminal charges are also considered by New Jersey courts. In most cases, if there are pending charges, the courts will find you ineligible
  • The Waiting Game- You must complete a waiting period which begins at either:
  • The enforcement date of sentence
  • Date all fines are paid
  • Date jail, parole or probation is completed (whichever date comes last)

Waiting times vary depending on severity of conviction

General waiting periods:

Felony Crime – 10 years

Misdemeanor – 5 years

Juvenile Adjudication – 5 years

Municipal Ordinance – 2 years

Young Drug Offender – one year

Diversion Program – six months

Dismissal – No waiting period

If you find that you are ineligible due to any of the waiting time requirements, you can have an expungement lawyer of NJ prepare your paperwork and help you apply later once you become eligible. This ensures that your record is cleared as soon as possible.

Do You Meet All of the Requirements, But are Still Denied?

After meeting all of the requirements, your petition for expungement could still be denied by a prosecutor if:

Expungement is not in the public’s best interest

The crime is considered too dangerous to be expunged

You do not prove to be rehabilitated after crime

If you are in need of assistance in getting a criminal charge wide clean from your record, contact my office today.