Criminal Defense | Expungements

Expungements in New Jersey

Expungement is a process that allows you to erase your criminal history in New Jersey. A person previously arrested and/or convicted of a crime, disorderly persons offense, petty disorderly persons offense or municipal ordinance violation can have his or her record expunged or hidden so no one can know that he or she has a “criminal record.” Expunging your criminal record can be very beneficial as most employers now conduct criminal background checks. You don’t want to lose a job offer because of one crazy night you had in college, that one night you smoked weed on the beach after high school graduation, that little bar room brawl you had in Atlantic City during your brother’s bachelor party, or that cat fight during a girl’s night out in Hoboken.

An experienced New Jersey criminal defense attorney can assist you in filing for an expungement if you have previously been arrested or convicted of a crime, disorderly persons offense, petty disorderly persons offense or municipal ordinance. Whether you were only arrested and the charges were dismissed, or if you served jail time after a conviction you may be eligible to petition the Superior Court of New Jersey for an expungement of your criminal record. Call one of our experienced NJ criminal lawyers now to discuss your eligibility for an expungement.

Obtaining a certified disposition of your criminal record will assist our criminal defense attorneys in determining your eligibility for an expungement. If your case was resolved in municipal court contact the municipal court administrator to obtain a certified disposition. If your case was resolved in New Jersey Superior Court contact the criminal division in the County where the court is located to obtain a certified disposition.

The criminal defense law firm of Villani & DeLuca, P.C. has been successful in obtaining Orders for Expungement of Criminal Records for our clients throughout New Jersey. An arrest and criminal conviction can have lifetime consequences. Obtaining an expungement allows our clients to act as if the arrest or criminal conviction never happened.

Legislation was passed and signed in January 2010 which changed the expungement laws in New Jersey. The expungement laws of New Jersey are found at New Jersey Statute 2C:52-1 through 2C:52-32. The laws now allow for an expungement petition to be filed after a shorter waiting period. The revised law also allows for expungement of third and fourth degree drug convictions. N.J.S.A. 2C:52-2.

The current expungement law now allows for the granting of an expungement after at least five years. The new law states:

(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.

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

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 to determine if compelling circumstances exist for granting an expungement. N.J.S.A. 2C:52-2a.

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

The law now allows for an expungement of a third or fourth degree sale or distribution of drug conviction if the court finds the expungment is consistent with the public interest, giving consideration to the nature of the offense and the petitioner’s character and conduct since conviction. Previously, only drug charges for marijuana of 25 grams or less and hashish of five grams or less could be expunged. N.J.S.A. 2C:52-2(c).

Additionally, if you are seeking an expungement of a disorderly persons offense or a petty disorderly persons offense you must wait five (5) years from the date of conviction, payment of fine, satisfactory completion of probation or release from incarceration, whichever is later.  N.J.S.A. 2C:52-3. 

If you are seeking an expungement of a municipal ordinance violation you must wait two (2) years from the date of conviction, payment of the fine, satisfactory completion of probation or release from incarceration, whichever is later.  N.J.S.A. 2C:52-4.

If you are seeking an expungement of a juvenile delinquency adjudication you must wait five years from the final discharge of the person from legal custody or supervision or after the entry of any other court order not involving custody or supervision. N.J.S.A. 2C:52-4.1.

You can also seek an expungement as a young drug offender under N.J.S.A. 2C:52-5. After a period of not less than one year following conviction, termination of probation or parole or discharge from custody, whichever is later, any person convicted of a possession or use of a controlled dangerous substance offense, and who at the time of the offense was 21 years of age or younger, may apply to the New Jersey Superior Court in the county wherein the matter was disposed of for the expungement of such person's conviction and all records pertaining thereto. The relief of expungement under this section shall be granted only if said person has not, prior to the time of hearing, violated any of the conditions of his probation or parole, albeit subsequent to discharge from probation or parole, has not been convicted of any previous or subsequent criminal act or any subsequent or previous violation of a drug offense or who has not had a prior or subsequent criminal matter dismissed because of acceptance into a supervisory treatment or other diversion program. N.J.S.A. 2C:52-5. This law shall not apply to any person who has been convicted of the sale or distribution of a controlled dangerous substance or possession with the intent to sell any controlled dangerous substance except:

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

(2) Hashish, where the total amount sold, distributed or possessed with intent to sell was 5 grams or less.

Motor vehicle violations are not able to be expunged. See N.J.S.A. 2C:52-28.

Furthermore, you can also seek expungement for an arrest not resulting in a conviction any time following the disposition of the proceedings. For example, if you were arrested and charged with a crime, disorderly persons offense, petty disorderly persons offense, or municipal ordinance and the charge was dismissed or you were acquitted you can seek an expungement immediately after the court proceedings. If the charge was dismissed pursuant to a program of supervisory treatment (Pre-Trial Intervention or a conditional discharge) you can seek an expungement six(6) months after the order of dismissal or adjudication. N.J.S.A. 2C:52-6.

There are also a number of crimes that cannot be expunged, which include: murder/homicide, 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: Criminal Homicide, except death by auto; Kidnapping; Luring or Enticing; Human Trafficking; Aggravated Sexual Assault; Aggravated Criminal Sexual Contact; if the victim is a minor, Criminal Sexual Contact; if the victim is a minor and the offender is not the parent of the victim, Criminal Restraint or False Imprisonment; Robbery; Arson and Related Offenses; Endangering the welfare of a child by engaging in sexual conduct which would impair or debauch the morals of the child; Endangering the welfare of a child; Causing or permitting a child to engage in a prohibited sexual act; Selling or manufacturing child pornography; Perjury; False Swearing; Knowingly promoting the prostitution of the actor's child; Terrorism; Producing or Possessing Chemical Weapons, Biological Agents or Nuclear or Radiological Devices; and conspiracies or attempts to commit such crimes. N.J.S.A. 2C:52-2(b).

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. N.J.S.A. 2C:52-2(b).

Hiring an experienced criminal defense attorney to process your expungement petition can save you time and future aggravation. The expungement process in the Superior Court of New Jersey can be a time consuming and frustrating process. An experience criminal defense attorney can determine if you are eligible for an expungement and file the petition. It is important to notify all law enforcement agencies that may have a record of your matter. If you miss one agency your “criminal record” may still be found by that future employer, nosy relative, or inquisitive neighbor.

Contact one of our criminal defense attorneys or call our criminal defense law firm for a free consultation at 732-892-9050.  We will discuss your eligibility for an expungement and the expungement process.  

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