Everyone makes mistakes and bad decisions. But some mistakes can punish you for the rest of your life. An arrest or conviction that happened many years ago can still affect you professionally and personally today. The loss of voting rights, inability to own firearms, loss or suspension of professional licenses and freedom of movement are some of the lasting effects of a criminal record.
If you have been arrested or convicted of a crime in the past and are having trouble passing background checks, getting a job, renting an apartment, or obtaining certain professional licenses, an expungement can offer you a clean slate and a fresh new start.
This is ideal if you are trying to get hired, promoted, or working on a state license. However, many people expunge their criminal records simply because they want closure and a chance to put their past behind them.
What is an Expungement?
An expungement is a legal process during which an arrest, conviction, other criminal record can be sealed and made unavailable to the public. Whether you were arrested or convicted for a municipal ordinance violation, disorderly persons offense (a misdemeanor), or an indictable offense (a felony), New Jersey law allows certain criminal records to be expunged and sealed.
In most cases, once your criminal record has been expunged, it will be as if your arrest, conviction, or other criminal proceeding never took place. This will allow you to apply for employment, housing, or school without having to reveal that you were ever arrested or convicted for the crime.
Eligibility for Expungement in New Jersey
New Jersey criminal statute N.J.S.A. 2c:52 provides for the expungement of certain criminal records, including municipal ordinance violations, disorderly persons offenses, arrests that did not result in convictions, and certain indictable offenses. The purpose of this law is to give those who have only one or very few convictions, and those who were arrested, but never convicted, a clean slate and a fresh start.
But, whether or not you are eligible for an expungement will depend on the number and type of criminal offenses you have on your criminal record. Each type of offense has different criteria for expungement eligibility and most require a waiting period before you can initiate the expungement process.
With some exceptions, these waiting periods are as follows:
- Felonies – 6 years
- Disorderly persons offenses – 5 years
- Juvenile records – 3 years
- Municipal ordinance offenses – 2 years
- Arrests that did not lead to a conviction – no waiting period
Some criminal records, however, cannot be expunged in New Jersey, including but not limited to:
- Murder;
- Kidnapping;
- Certain sex offenses;
- Robbery;
- Arson;
- Certain child endangerment offenses;
- Perjury;
- Terrorism; and
- Certain drug offenses
If you have been convicted for any of these crimes, you will be ineligible for expungement. Furthermore, you will not be eligible for an expungement if you are still on probation or facing any pending criminal charges.
To find out if you are eligible to expunge your criminal record, consult with an experienced expungement attorney who can offer you expert advice on the matter and assist you with successfully navigating the process.
Contact a New Jersey Expungement Lawyer Near You
Our expungement lawyers are experienced in criminal expungement and other post-conviction relief in New Jersey. We are ready to help you get the relief you need to move on with your life. Contact The Law Office of Peter Briskin, P.C at (908) 279-7979 or visit our contact page to arrange a consultation with an expunged NJ expungement attorney near you.