What Is an Expungement, Pursuant to N.J.S.A. 52-1?
When a person is arrested, that person gets a criminal record. At a minimum, there is a record of an arrest and if that person is later convicted, then the person has a record of both an arrest and a conviction. These criminal records follow the person his or her entire life. Unfortunately, prospective employers, insurance companies, landlords, adoption agencies, creditors and law enforcement have access to these records as well. To expunge a criminal record means to go through a court process. Upon successful completion of that process, you get a court order signed by a judge stating that the offense or crime "shall be deemed not to have occurred." Persons doing a background check through New Jersey State Police or through the FBI will receive a response that there is "no record." Additionally, after you expunge your criminal record, you are legally entitled to state that the arrest or conviction never happened.
If you are interested in our expungement services, please contact the Law Office of Jay M. Arnesen, to schedule a free initial consultation with an experienced Hackensack expungement attorney.
The law states an expungement under N.J.S.A. 2C:52-1 is the removal and isolation of all records on file within any court, detention or correctional facility, law enforcement, criminal justice agency or juvenile justice agency concerning a person's apprehension, arrest, detention, trial or disposition of an offense within the criminal or juvenile justice system. Unless otherwise provided by law, if an order for expungement is granted, the adult arrest, the record of law enforcement taking you into custody as a juvenile, conviction, adjudication of delinquency, disposition and any related proceedings are considered not to have occurred.
Eligibility Requirements for Expungements
Convictions for the following crimes are NOT eligible for expungement in New Jersey:
- Criminal homicide (exception vehicular homicide)
- Kidnapping
- Luring or enticing
- Aggravated sexual assault
- Criminal sexual contact if the victim is a minor
- Criminal restraint
- Robbery
- Endangering the welfare of a child (if based on sexual contact or child pornography)
- False imprisonment
- Perjury
- False swearing
- Distribution of controlled dangerous substance or possession of controlled dangerous
- Substances with intent to distribute
In addition, the NJ expungement statute does not apply to motor vehicle violations or DWI or DUI. Thus, neither DWI/ DUI nor traffic tickets can be expunged.
Waiting Period for Expungements
| TYPE OF CONVICTION | TIME ELAPSED SINCE CONVICTION |
| Indictable conviction | Usually, 10 years' waiting period from completion of sentence, but in some circumstances as few as five5 years |
| Disorderly persons (up to three convictions) | Five years' waiting period from completion of sentence |
| Petty disorderly persons | Five years' waiting period from completion of sentence |
| Municipal ordinances | Two years' waiting period from completion of sentence |
| Juvenile delinquency | Five years' waiting period from completion of supervision |
| Possession of CDS, person less than 21 years old | One-year period from completion of sentence |
| Arrests not resulting in convictions | Immediately |
| Conditional discharges/pretrial intervention | Six months |
Clear a Criminal Record in New Jersey
Are you hesitant to fill out an employment application due to a criminal history? Seek to have your record cleared by obtaining our expungement services. To schedule a free consultation where you can discuss your case with an experienced Bergen County lawyer, contact us at 201-546-5777 or toll free at 877-242-7920.
