One of the most important benefits of Recovery Court is that, upon successful completion and graduation, the participant is eligible to have their entire criminal record expunged (subject to some exceptions).  The expungement includes removal of all records and information related to prior arrests, detentions, convictions, and proceedings from a person’s record.  The individual must have successfully completed all treatment objectives during their time in Recovery Court AND must not have been convicted of any crime or offense during their time in Recovery Court.

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Crimes That Make a Person Ineligible for a Recovery Court Expungement:  Pursuant to N.J.S.A. 2C:35-14(m)(2), a person shall not be eligible for expungement if the records include a conviction for any offense barred from expungement.  The following offenses bar a person from receiving an expungement: 

• 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.