NJ Explanation of Expungement

Explaining Expungement in New Jersey

Having a criminal record can present major obstacles when it comes to jobs, housing, education, and more. Fortunately, New Jersey allows individuals to expunge certain criminal convictions through a legal process. Expungement provides a powerful tool for people seeking a fresh start.

This article provides an in-depth explanation of how expungement works in New Jersey. We’ll cover the benefits, eligibility requirements, the process of applying, and tips for maximizing your chances of success.

What is Expungement in New Jersey?

New Jersey defines expungement as the extraction, isolation, or removal of records related to a criminal case so they are no longer publicly accessible and, in some cases, destroyed[1].

When you expunge a conviction in NJ, it essentially gets erased from your criminal record. An expunged case cannot be found in background checks by employers, landlords, or others. It is treated as if it never occurred[2].

Benefits of Expungement in NJ

The benefits of expunging a criminal conviction in New Jersey include:

• Improved employment opportunities as many employers won’t see the offense
• Increased access to education and vocational programs
• Ability to find housing more easily without a conviction on record
• Restored ability to possess firearms if expunging certain offenses
• Removal of stigma associated with having a criminal record

In essence, expungement provides a path to move forward with your life unencumbered by past mistakes.

Cases Eligible for Expungement in NJ

In New Jersey, the following types of criminal cases are eligible for expungement[3]:

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• Disorderly persons offenses
• Petty disorderly persons offenses
• Most 3rd and 4th degree indictable offenses
• Up to 3 related 1st or 2nd degree indictable offenses under certain conditions
• Convictions for small amounts of marijuana or hashish possession
• Convictions for being under the influence of marijuana or hashish

Offenses like murder, kidnapping, aggravated sexual assault, robbery, and many drug distribution crimes cannot be expunged. There are also waiting periods that must pass before being eligible to apply.

The Expungement Process in NJ

The process for expunging a criminal conviction in New Jersey involves the following primary steps:

1. Obtain required records like proof of identity and disposition of your case
2. Complete the Petition for Expungement form with details on your offenses
3. File the petition in NJ Superior Court in the county of your arrests/convictions
4. Serve the petition on required government agencies
5. Attend your court hearing date
6. The judge grants or denies your expungement petition
7. If approved, agencies remove your records per court order

Completing all steps fully and accurately is critical. An attorney can guide you through the expungement process and represent your interests in court.

Expungement Waiting Periods in NJ

Under New Jersey law, you must wait a certain number of years after fully satisfying your sentence before applying for expungement[4]. The required waiting periods are:

• 5 years for disorderly persons offenses and petty disorderly persons offenses
• 10 years for most 3rd and 4th degree indictable offenses
• 10 years for up to 3 related 1st or 2nd degree indictable offenses

Waiting periods ensure rehabilitation and compliance with sentencing before expungement. An attorney can advise if you meet the time requirements.

Marijuana Expungement in New Jersey

New Jersey offers an expedited expungement process for convictions solely involving minor marijuana or hashish offenses. Eligible offenses include[5]:

• Possession of under 50 grams of marijuana or 5 grams of hashish
• Being under the influence of marijuana or hashish
• Failure to make lawful disposition of marijuana or hashish

Marijuana expungements have no waiting period and simplified filing procedures. But major drug distribution charges still cannot be expunged.

Maximizing Your Chances of Expungement

Tips to improve your likelihood of a successful expungement include:

• Gather supporting evidence of rehabilitation such as education certificates or proof of employment.
• Get letters of reference highlighting your positive contributions to society.
• Accurately complete all required expungement forms.
• Avoid new criminal charges or violations that may appear on your record.
• Retain an experienced expungement attorney to represent your case.

A clean record and earnest effort to turn your life around helps demonstrate you deserve expungement.

What Happens After an Expungement is Granted?

Once the court orders your record expunged, agencies like police departments and the NJ State Police must remove records from their databases. Many records are destroyed. Your DNA profile will also be removed from the state database if eligible[6].

After expungement, you can legally answer employment, housing, and education applications as if the offense did not occur. Your criminal record, for most purposes, is wiped clean.

Restoring Your Rights

In addition to clearing your record, expungement may also restore critical rights lost due to a conviction. These restored rights may include:

• Ability to possess firearms if expunging certain offenses
• Restored eligibility for professional licenses or certifications
• Ability to vote and run for public office
• Restored ability to receive government benefits such as housing assistance

Speak to an attorney to fully understand what rights may be reinstated through expungement in your specific case.

Consult an Attorney About Expungement

Trying to navigate New Jersey’s expungement process on your own can be extremely challenging. Having an experienced criminal defense lawyer represent you is strongly recommended.

A knowledgeable attorney will protect your rights, handle all documentation, present the strongest case for expungement, and give you the greatest chance at a fresh start. Don’t delay – consult a lawyer about expungement today.