New Jersey Crimes Eligible for Expungement

Certain criminal convictions are eligible for an expungement in New Jersey. In addition to determining the crimes which are eligible, it is equally important to determine the length of the waiting period from the date of your conviction to the date upon which you are eligible to file a petition for expungement You should have your criminal record expunged because background checks are now the norm. Many employers and educational institutions place a stigma on any person who has been arrested or convicted of a crime. It can also affect your employment opportunities, professional licensing boards and college applications. An expungement of your New Jersey record will prevent an employer from accessing your criminal record and allow you to lawfully answer “no” on an employment application.

Crimes which are Eligible for Expungement

In order to have your record cleared, you must first look at whether or not you are eligible to have the criminal conviction expunged.

Convictions for the following crimes are not eligible for expungement in New Jersey:

.Criminal Homicide (exception Vehicular Homicide)

.Kidnapping

.Luring or Enticing

.Aggravated Sexual Assault

.Criminal Sexual Contact if the victim is a minor

.Criminal Restraint

.Robbery

.Endangering the Welfare of a Child (if based on sexual contact or child pornography)

.False imprisonment

.Perjury

.False Swearing

.Distribution of Controlled Dangerous Substance or Possession of Controlled Dangerous Substances with Intent to Distribute

.Motor vehicle violations, DWI or DUI.

Waiting Period for Expungements

The following information is general eligibility requirements for an expungement and the waiting periods for filing a petition for expungement in New Jersey.

TYPE OF CONVICTION AND  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 years of age – 1 year period from completion of sentence

Arrests not resulting in Convictions – Immediately

Conditional Discharges/Pretrial Invention – 6 months

Length of Time Before Expungement is Complete

The expungement motion should be scheduled for 30 to 60 days from the filing of the expungement petition. Keep in mind that each county is slightly different as far as the time it takes to get your case listed on the expungement calendar.

Information Needed to Get Started

In order for an attorney to file your New Jersey expungement petition, specific information about the offense must be obtained. Such as summons or complaint number, arresting agency, criminal charge and corresponding statutory number, arrest date, and disposition. Without this information, the expungement cannot be appropriately filed or granted.

 

 

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