The Criminal Record Expungement Process in New Jersey
In 2019, New Jersey Gov. Phil Murphy signed the Second Chance Agenda, which was a piece of legislation encompassing major criminal justice reform. A key component of this legislation was a clean slate law and the establishment of an Expungement Unit. With these changes, the total number of expungements rose from about 36,000 between 2018 and 2020 to 144,000 between 2021 and 2023.
What is an Expungement?
How criminal record expungement is defined varies from state to state. In some states, it means that the criminal record is destroyed. In New Jersey, it means that the state seals your record from public view. It will not be available for background checks for housing or for most jobs. An expungement also gives you the right not to reveal the arrest, conviction or criminal record.
Who Can Access an Expunged Record?
The federal government has access to your expunged record. The record will be made available when applying for a job in law enforcement or corrections or with the courts. Furthermore, if you are ever arrested again, the courts will also have access to the record for the purposes of setting bail and determining your eligibility for diversion programs.
Which Records Can You Expunge?
Most New Jersey criminal records are eligible for expungement. That includes indictable offenses, which many other states term felonies. You can also expunge disorderly persons offenses, which are classified as misdemeanors, and municipal ordinance violations, which are generally punishable by a fine.
The category of the crime is not the only factor. It depends on the total number of arrests and convictions on the record and how long it has been since they occurred. In most cases, an expungement will be available to a person at some point. There are exceptions, and examples include convictions involving:
- Arson
- Robbery
- Kidnapping
- Homicide
- Child pornography
There are other exceptions. These include violations involving motor vehicles, such as driving under the influence. You can also not expunge the conviction for distribution or sale of a dangerous substance unless that conviction involved a small amount of either marijuana or hashish.
When Can You Apply for Expungement?
How long you need to wait to file for expungement depends on the circumstances. If your arrest did not result in a conviction or involved a minor marijuana offense, you can typically file immediately. For municipal ordinance violations, you must wait two years. More serious crimes generally require a wait time of five years. There is also a different set of rules for juveniles.
How to Apply for Expungement
One of the core goals of the clean slate law was to remove barriers, such as requiring an attorney. Still, Morristown criminal defense lawyers recommend representation if at all possible.
If you would rather file a petition for expungement yourself, you have a couple of options. You can use the online expungement system to file your petition electronically. This system will select the appropriate forms and populate most of your information for you. However, you need to ensure that it is complete and accurate. Mistakes and omissions could cause delays.
If you lack computer or internet access or simply prefer hard copies, you can still prepare and file paper forms. Those forms are available online. Once you have completed the forms, you have two options to submit them. You can submit through the New Jersey Count Judiciary Electronic Document Submission System. You may also file in person through the court clerk for the Superior Court in the county in which the arrest or prosecution occurred.
Legal Assistance for Expungement in New Jersey
If you would like to expunge your New Jersey criminal record, Gregg A. Wisotsky is here to help. Our law firm has extensive experience navigating the expungement process. To meet with a Morristown criminal defense lawyer to discuss your case, call us at 973-898-0161, or contact us online.
