How To Expunge a Criminal Record in New Jersey

Having a criminal history is a liability for modern Americans. Employers, landlords, and colleges perform routine criminal background checks. Even if an offense happened many years ago, you may lose access to certain jobs with a criminal background.

Most states, including New Jersey, have made things easier for those with criminal records. A legal process called expungement can clear some or even all of your arrests and convictions from your record. You should discuss your case with a New Jersey expungement attorney before taking steps to expunge your record.

What To Know About New Jersey Expungement Law

If potential employers perform a background check, they can see your arrest record and other details of your court history. Once you have your records expunged, they are invisible. Employers and investigators cannot access expunged records. Sealed records are only visible to agencies like the FBI and law enforcement agencies.

New Jersey state law has a waiting period of five years after you complete your sentence before you can request an expungement. The waiting period begins after you complete your incarceration, probation, parole, or other conditions of your sentence.

This type of expungement only removes one conviction and no more than three disorderly persons/misdemeanor offenses from your record. You can file for this expungement if:

• You have completed all terms of your sentence
• At least five years have passed since the end of your sentence
• You have no other convictions, outstanding offenses, or criminal cases

You may request only one expungement of this type under New Jersey law.

Clean Slate Expungement

A “clean slate” expungement clears your record of all eligible offenses. The waiting period expires ten years after the most recent criminal conviction and completion of all sentencing requirements. You can petition for a clean-slate expungement even if you would otherwise be disqualified due to multiple convictions or a previous expungement.

The New Jersey legislature is developing an automated clean-slate expungement process in which all eligible individuals have their records cleared without a need for a petition and court order. Until the process becomes active, you’ll need legal advice to clear your records.

Ineligible Crimes

You cannot remove some offenses from your record. Most violent felony convictions and crimes against children remain on your record. You cannot expunge:

• Any criminal homicide, except motor vehicle homicide
• Most criminal sexual assault charges
• Sexual assault or abuse of a child, including child pornography
• Robbery and burglary
• Arson
• DUI/DWI

Drug Charges and Juvenile Offenses

Some types of drug-related offenses are eligible for expungement, even if you’re otherwise ineligible for the expungement process. New Jersey’s drug court helps non-violent offenders complete a treatment program and address their substance abuse issues. Drug offenders can expunge their records if they have no disqualifying crimes and complete New Jersey’s rigorous court-ordered treatment program.

Juvenile offenders may have their records expunged three years after completing their sentence. Juveniles who want their records expunged:

• Must not have been adjudicated juvenile delinquents
• Cannot have any adult crimes or charges pending
• Cannot have committed disqualifying crimes like manslaughter or sexual offenses

Juvenile drug offenders may have their records expunged one year after completing their sentence unless their conviction was for the sale or distribution of a controlled substance.

Process for Getting an Expungement

The only difficult step for getting an expungement in New Jersey is locating your adult or juvenile arrest records. You need:

• The date of your arrest
• The nature of the offenses
• Information about the original indictment
• Date of disposition
• The final disposition in the case

If you had a defense attorney, they should have the records in your case. If not, you’ll need to contact the law enforcement agency or police department that handled your arrest. This process can get complicated, and you should consider getting help from an attorney.

You must complete three forms: a Petition for Expungement Order, the Order itself, and an Order for Hearing. You must sign the forms and have them notarized. Your attorney can explain how to fill them out. The forms get sent by certified mail to all involved with your case, including the Attorney General of New Jersey, the Warden or superintendent of any institution you served a sentence at, and the probation department.

When these agencies send back the certified mail forms, you must file a Proof of Notice form, meaning all the agencies got a copy of the Petition. Another reason to have an attorney is that their legal secretary will do all this work for you.

The judge sets a hearing date 35-60 days from the date they receive your Petition. You may not need to attend the hearing, but double-check on the day of the hearing to see if you need to be there. This is another good reason to have a lawyer do this for you.

The entire process takes about three to six months. Once the judge grants the court order, the court removes all records and cannot disclose knowledge of them. There may be circumstances where you must inform potential employers about your criminal background. Law enforcement agencies may ask you under oath about prior convictions and arrests. Federal agencies, educational institutions, and the judiciary have similar rules.

Out-of-State Expungements

Expungements/expunctions differ throughout state jurisdictions. If you had a criminal record sealed or expunged in another state before coming to New Jersey, you should ask an attorney in New Jersey what effect the out-of-state expungement may have on your future in the Garden State.

Need Legal Advice? Speak to a New Jersey Expungement Lawyer

The expungement process is complex, and your future may ride on the outcome. Don’t take a chance with the New Jersey criminal justice system. Get help and legal advice from a New Jersey criminal defense attorney.