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New Jersey Expungement of Your Criminal Record

 

Getting arrested for a crime in the state of New Jersey doesn’t just mean that you will have to deal with fear and uncertainty of going through criminal proceedings and possibly face fines, probation, or even jail time – it means that for the rest of your life, you will now have a criminal record.

 

In the grand scheme of things, this may seem like a much smaller problem than the potential of imprisonment, but having a criminal record in New Jersey is something that can negatively impact you in a number of ways. Worse yet, while jail time and other penalties associated with criminal activities can be avoided if you are not convicted of the crime, your criminal history stays with you even if you are completely innocent.

 

So, what’s so bad about having a criminal record? Because it will show up every time someone does a background check on you, and because the kinds of places that most often utilize background checks are banks, credit card companies, employers, and landlords, it can make it extremely difficult for you to find a job, get a place to live, or even be able to pay for things. Some professional organizations that provide licenses to people will even tell you that a criminal record makes you ineligible for their services.

 

Due to the problems this can cause for otherwise good, productive citizens who have just made a mistake, the federal government decided to allow the legal procedure known as expungement in our country. Expungement is a process by which the history of your criminal misconduct can be effectively “erased,” hiding it from the view of the public and even making it inaccessible for general law enforcement use.

 

How expungement works in New Jersey

 

When a citizen of New Jersey has a record expunged, it means that any documents filed in the court, correctional facilities, detention facilities, law enforcement agencies, or criminal justice agencies that relate to the trial, detention, arrest, apprehension, detection, or disposition of an offense will be removed and destroyed. If, in the future, one of these facilities is questioned about these records, they are to respond that no such record exists under New Jersey Law 2C:52-15.

 

In certain specific circumstances, it is possible for the Superior Court to order the expunged records to be inspected. New Jersey law states that these expunged records may still be used in helping to determine the sentence if the individual is convicted of another crime. They can also be used in the decision of whether or not to grant parole, and as an influencing factor if the individual has submitted an application to a treatment program or supervisory diversion related to further charges.

 

Records eligible for expungement in New Jersey

 

Not all records are eligible for expungement in New Jersey. In fact, the state is fairly selective. Applicable records include:

 

  • Warrants
  • Complaints
  • Commitments
  • Photographs
  • Arrests
  • Fingerprints
  • Processing records
  • Judicial docket records
  • Index cards
  • DNA that resides in a state database (if it relates to the outcome of a person’s dismissed or reversed offense, as outlined under New Jersey law 53:1-20.25)

 

Circumstances eligible for New Jersey expungement

 

New Jersey Law 2C:52-1 allows for the erasure of certain past convictions and arrests. An example of this is if a person was convicted of a misdemeanor at least 5 years ago and has committed no further crimes. In this case, the person’s attorney could petition the Superior Court for expungement. Guilty of a town ordinance? You’ll have to wait 2 years for expungement. First time offender arrest for a minor drug violation that resulted in a conditional discharge? A year has to pass before you can petition. Even juvenile delinquent records must wait a specified amount of time before it is possible for them to be expunged.

 

There are, however, certain circumstances under which charges can be erased automatically and without a waiting period:

 

  • Frivolous complaints
  • Arrests that do not result in a conviction
  • Arrests where charges were dismissed

 

New Jersey offenses that cannot be expunged

 

While New Jersey lawmakers want to make sure they are giving their citizens a fair chance to pull their lives together if they are guilty of a foolish mistake, there are certain offenses that have been deemed too serious to be eligible for expungement in the state:

 

  • Crimes of public office
  • Drug crimes (excepting possessing marijuana or hashish in small quantities)
  • Kidnapping
  • Luring
  • Enticing
  • Disorderliness after the second offense
  • Criminal homicide (excepting death by vehicle)
  • Criminal sexual contact (when the offender is not the victim’s parent)
  • Aggravated sexual assault
  • Aggravated criminal sexual contact with a minor
  • Robbery
  • Criminal restraint
  • False imprisonment
  • Endangering a child
  • Arson (and related offenses)
  • Perjury
  • False swearing
  • Endangering a child through sexual conduct or moral impairment
  • Conspiracy to commit crimes


 

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