New Jersey Expungement Laws
Skilled Criminal Defense Attorneys Help Clients Get A Fresh Start On Life
Nothing casts a shadow over your future like the darkness of your past. If you or a loved one has been arrested or convicted, your past is a permanent part of your future as long as the incident remains on your criminal record. In New Jersey, some criminal records can be expunged. The skilled New Jersey criminal defense attorneys at Lomurro Law are experienced and knowledgeable, and work to help individuals put their past behind them.
What Is Expungement?
Expungement is the legal process of removing the legal record of a criminal case from the public record. To be considered for expungement, you must submit an application to the court. If you are successful in having your record expunged, you will receive a court order signed by a judge stating that the offense “…shall be deemed not to have occurred.” It is equivalent to having your past criminal record erased – once expunged, you may legally state that the arrest or conviction did not happen. Individuals conducting a background check through the Federal Bureau of Investigation or the New Jersey State Police will be told that there is no record.
I Was Arrested But Not Charged; Can I Have My Record Expunged?
In New Jersey, you can submit an application to have your criminal record expunged immediately if you were detained or arrested, but not convicted of a crime and:
- the charges against you were dismissed
- you were acquitted of the crime or discharged without any finding of guilt
If you were required to complete a supervisory treatment program, a period of six months must pass before you can file an application for expungement. Furthermore, if a finding of lack of mental capacity or insanity was the basis for the discharge, dismissal, or acquittal, then your criminal record cannot be expunged.
Expungement Of Criminal Convictions In New Jersey
New Jersey law allows expungement of many criminal convictions following successful completion of your sentence and a designated waiting period. Specifically:
- Disorderly person offenses: waiting period is five years
- Violations of municipal ordinance: waiting period is two years
- Indictable offenses: standard waiting period is 10 years but you may apply for expungement after five years
- Minor drug crimes: waiting period for first time offenders under the age of 21 is one year
Criminal Convictions That Cannot Be Expunged
In New Jersey, certain criminal offenses may not be expunged. They include:
- Motor vehicle offenses
- Serious drug crimes
- Crimes of public officials
- False imprisonment
- Sex crimes
- Child endangerment
In addition to the above, if you have more than a certain number of convictions, your petition for expungement may also be denied.
Gain A Fresh Start On Life; Call Us Today
Having a criminal record can hinder your future opportunities, as employers and landlords frequently ask applicants whether they have ever been arrested or convicted. Get a fresh start on life by having your criminal record expunged. The criminal defense attorneys at Lomurro Law are skilled, experienced, and knowledgeable about New Jersey’s expungement laws. We are available to meet with you to discuss your case and provide counsel. Call us today to arrange a confidential consultation at 732-482-9285 or online. Our main office is located in Freehold and we offer consultations in person or by videoconference.