Expungements in New Jersey

Many people have records of a criminal past that may be isolated and sealed. That is, they may be able to remove from public inquiry an old record of an arrest, conviction or detention, as well as the related police and court records.

Unfortunately, fewer than ten percent of those who call us about expungements actually qualify. To learn more about expunging criminal records in New Jersey, follow the links below.

If you have questions about your eligibility for an expungement, try to locate all records of that event before you call, as they may enable us to better answer your questions.

What is Expungement

In New Jersey, under certain circumstances, a person who has been detained or arrested, acquitted or convicted, may have all records of that event, including warrants, fingerprints, photographs, rap sheets and judicial docket records extracted and isolated from every court, detention facility, and police department in NJ’s criminal justice system. This means that, except in very limited circumstances, a person may deny the event, and the records of that event will not be available or discoverable. Even juvenile criminal records may be expunged.

Why Expunge?

More than ever, employers are checking the criminal backgrounds of almost all employees that they hire. Some of the records are readily available as public documents. Most can be accessed legally by an interested employer. Many employed people were not checked for background at the time they began their present job. Others acquired a record since they have been on the job and they have not yet been re-checked. Still others find themselves suddenly back in the job market, wondering whether that twenty-year old marijuana charge will hurt them. Some people just feel better knowing that their years of law-abiding living has paid a dividend – the ability to seal the harmful, embarrassing file.

Who may expunge?

Generally speaking, a conviction may NOT be expunged if the applicant has any other criminal history. Usually, a SUBSEQUENT criminal record will disqualify an applicant, although a court may let an you explain as many as two subsequent disorderly persons or petty disorderly person’s offenses. Such cases may require an appearance before a judge.

What offenses cannot be expunged?

Record of certain crimes cannot be expunged – homicide, sex offenses, robbery, kidnap, anarchy, manslaughter, sodomy, restraint, endangering a child and perjury are among these. Possession of a small quantity of drugs (CDS) may be expunged, but the sale or distribution of drugs may not. Neither may possession with the intent to sell. Exceptions are made for small quantities of hashish (5 gr.) and Marijuana (25 gr.) that were sold or possessed with the intent to sell same.

How long must you wait before applying for expungement?

There is a substantial waiting period before a person may seek to have a record expunged. The time period begins to run after the completion of any sentence or probation and payment of all fines, (measured in years).

- Indictable Offenses.......	10
- DPOs and Petty DPOs...	5
- Municipal Ordinances....	2

What does it cost to apply for expungement?

Our fee is $1250, plus costs. We cannot guarantee success, but we will not accept your money if you are clearly ineligible for expungement. Often, we can respond to your phone call or email inquiry with an idea of whether your application might be successful.

Publications

• Article: Expungement of Criminal Records in New Jersey. Read Article...