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Expungement of Felonies and Non-Felonies (N.J.S.A. 2C:52-2)

 

Pursuant to N.J.S.A. 2C:52-2(a), a person may apply for an expungement if he:

• Has been convicted of 1 felony offense and does not have any other felony convictions in his record.  

• Has 1 felony and no more than 3 disorderly persons (DP) or petty disorderly persons (PDP) offenses in his record. 

• Has been convicted of multiple felony offenses and disorderly persons or petty disorderly persons offenses if they are all part of the same Judgment of Conviction and the individual does not have any other criminal record.  

• Has been convicted of multiple felonies, disorderly persons offenses, or petty disorderly persons offenses can be expunged if the offenses were “interdependent or closely related in circumstances and were committed as part of a sequence of events that took place within a comparatively short period of time, regardless of the date of conviction or sentencing” and the person does not have other criminal offenses in his record.  

• *NOTE:  Multiple convictions in one indictment/warrant/summons only count as one conviction for expungement purposes.

 

Marijuana Offenses:  For purposes of determining eligibility for an expungement, there are several marijuana offenses which will be considered disorderly persons offenses.

• Possession with Intent to Distribute Marijuana (N.J.S.A. 2C:35-5b(11))

• Possession of Marijuana (N.J.S.A. 2C:35-5b(12))

• Distribution or Possession with Intent to Distribute Marijuana Within 1,000 Feet of School Property (N.J.S.A. 2C:35-7)

• Distribution of Marijuana Within 500 Feet of Certain Public Property (N.J.S.A. 2C:35-7.1)

• Possession/Distributing Marijuana Within 500 Feet of Certain Public Property (N.J.S.A. 2C:35-10(a)(3))

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There are also several marijuana offenses which are no longer considered to be a conviction for expungement purposes:

• Possession, Use, or Under Influence of Marijuana (N.J.S.A. 2C:35-10(a) through (c))

• Possession of Marijuana Drug Paraphernalia (N.J.S.A. 2C:36-2)

 

5-Year Waiting Period:  A person eligible for an expungement may apply for an expungement 5 years from the date of conviction, completion of probation, parole, or release from custody, whichever is later AND they have no new offenses.

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4-Year Waiting Period:  The waiting period can be reduced to 4 years if the above circumstances are satisfied and there are compelling circumstances that justify granting the expungement.

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Crimes That Cannot Be Expunged:  Pursuant to N.J.S.A. 2C:52-2(b), the following offenses cannot be expunged from a person’s record:

• Homicide (not including death by auto or strict liability vehicular homicide)

• Kidnapping

• Luring or Enticing

• Human Trafficking

• Sexual Assault

• Aggravated Sexual Assault

• Aggravated Criminal Sexual Contact

• Criminal Sexual Contact (victim was a minor)

• Criminal Restraint  or False Imprisonment (victim is minor and offender is not a parent of victim)

• Robbery

• Arson and Related Offenses

• Endangering the Welfare of a Child

• Photographing or Filming a Child in Sexually Suggestive Manner

• Causing or Permitting a Child to Engage in Sexual Act

• Distributing or Possession with Intent to Distribute Child Sexual Exploitation

• Possessing or Viewing Child Sexual Exploitation Material

• Leader of a Child Pornography Network

• Perjury / False Swearing

• Terrorism / Producing or Possessing Chemical Weapons

• Promoting Child Prostitution

• Any of the following committed before September 1, 1979: Manslaughter, Treason, Anarchy, Rape or Forcible Sodomy, Embracery

• Conspiracy or attempt to commit any of the above offenses.

• Records of conviction for any crime committed by a person holding any public office, position or employment, under the New Jersey government if the crime involved such position or employment.

 

Sale, Distribution, or Possession with Intent to Distribute Drugs:  Convictions for the sale or distribution or possession with intent to distribute drugs cannot be expunged unless the crime involved a quantity of marijuana less than 1 ounce or a quantity of hashish less than 5 grams or a 3rd or 4th degree drug distribution, sale, possession with intent to sell where the court finds “compelling circumstances” to grant the expungement.

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Expungement of DP/PDP (N.J.S.A. 2C:52-3)

 

Pursuant to N.J.S.A. 2C:52-3, any person who has been convicted of 1 or more DP or PDP offense who has not been convicted of any felony level offense is eligible to apply for an expungement.  Any person convicted of 1 or more felony level offenses is not eligible for an expungement under this statute, but may be eligible for an expungement under N.J.S.A. 2C:52-2.

• • 5 Disorderly Persons Offenses

• 5 Petty Disorderly Persons Offenses

• Or a combination of no more than 5 DP’s and PDP’s

• No subsequent convictions

• 5 year waiting period from date of conviction, payment of fines/restitution, completion of probation/parole, or release from incarceration, whichever is later (but can submit as early as 3 years if compelling circumstances)

• Certain marijuana convictions are now considered to be DP’s

• Certain marijuana convictions are no longer considered offenses

• *Subject to list of crimes that cannot be expunged.

• *Multiple convictions in one indictment/warrant/summons only count as one conviction for expungement purposes.

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Expungement of Municipal Ordinances (N.J.S.A. 2C:52-4)

 

Pursuant to N.J.S.A. 2C:52-4, a person found guilty of a municipal ordinance may apply for an expungement when he:

• Has been convicted of violating a municipal ordinance.

• Has not been convicted of any felony offenses.

• Has up to 2 disorderly persons or petty disorderly persons convictions.

• Has waited 2 years from the date of the last conviction, payment of fine, completion of probation, or release from incarceration, whichever is later.

• *Multiple convictions in one indictment/warrant/summons only count as one conviction for expungement purposes.

 

Juvenile Record Expungements (N.J.S.A. 2C:52-4.1)

 

Pursuant to N.J.S.A. 2C:52-4.1, any person who has been adjudicated delinquent may have his entire record of delinquency expunged if:

• 3 years has passed since the individual was released from custody or supervision (post-incarceration supervision is excluded from this time period).

• The individual has not been convicted of any new offenses or adjudicated delinquent.

• The individual was never adjudicated delinquent of an offense not eligible for expungement.

• The individual has never had an adult conviction expunged.

• The individual has never had criminal charges dismissed as a result of a diversionary program.

• *Subject to list of crimes that cannot be expunged.

• *Multiple convictions in one indictment/warrant/summons only count as one conviction for expungement purposes.

 

Youthful Drug Offender Expungements (N.J.S.A. 2C:52-5)

 

Pursuant to N.J.S.A. 2C:52-5, a youthful drug offender may have:

• One conviction for use or possession of a controlled dangerous substance expunged from their record.

• The individual was 21 years old or younger at the time of the offense.

• 1 year after conviction, termination of probation/parole, or release from custody, whichever is later.

• The individual did not violate any conditions of probation or parole.

• The individual has not been convicted of any other offenses.

• The individual has not already had other charges dismissed as a result of a diversionary program.

• This section does not apply to a person convicted of sale or distribution of a controlled dangerous substance, or of possession with intent to distribute CDS (the only exceptions are sale, distribution, or possession with intent to distribute marijuana less than 1 ounce or hashish less than 5 grams).

• *Subject to list of crimes that cannot be expunged.

• *Multiple convictions in one indictment/warrant/summons only count as one conviction for expungement purposes.

 

“Clean Slate” Expungements (N.J.S.A. 2C:52-5.3)

 

Pursuant to N.J.S.A. 2C:52-5.3, any person who is not eligible for other types of expungements may make an application for a “Clean Slate” expungement.

• 10 years has passed since the date of the most recent conviction, payment of fines, completion of probation/parole, or release from incarceration (whichever is later).

• The entire criminal record (subject to the list of excluded offenses) will be expunged from the person’s record.

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Expungement of Arrests Not Resulting In Convictions (N.J.S.A. 2C:52-6)

 

Pursuant to N.J.S.A. 2C:52-6, when a person has been arrested or charged with any offenses and those charges were later dismissed (or the person acquitted), the individual may move to expunge all records related to the arrest and/or charges.

• This includes expungement of records of arrest where a person successfully completed a diversionary program (example: Mental Health Diversionary Program, Veteran’s Diversionary Program, and/or Pre-Trial Intervention).

• *This does not apply to charges that were dismissed as part of a plea bargain involving conviction of other offenses.

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Expungement FAQ's

 

What is an expungement?

An expungement is a court-ordered process in which a person’s record of arrest and/or conviction is erased from the individual’s public criminal record.  It removes all records associated with a criminal case making it seem as if the arrest or conviction never happened.

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Will my expungement cover out-of-state arrests or convictions?

No.  You may only expunge your arrests and convictions in New Jersey.  You must consult with a competent expert in any other jurisdiction to determine whether an expungement is available to you in that other state.

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Will my out-of-state convictions impact whether I am eligible for an expungement?

Yes.  Out-of-state convictions are considered for purposes of determining expungement eligibility. 

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What do I tell my employer if they ask me if I have an expunged record?

Once your record is expunged, you have the right to tell your employer that you do not have a criminal record. 

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Contact a New Jersey Expungement

Lawyer for a Free Consultation

 

If you or a loved one are seeking an expungement, it is crucial to hire an experienced criminal defense attorney.  At Denholtz Criminal Defense, we understand the stakes involved and are committed to providing you with skilled, aggressive, and personalized legal representation.  Contact Denholtz Criminal Defense today for your free consultation: (862) 842-0811 or Tracy@DenholtzCriminalDefense.com.