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What is an Expungement?
An Expungement is the extraction and isolation of all records on file
within any court, detention or correctional facility, law enforcement
or criminal justice agency concerning a person's detection,
apprehension, arrest, detention, trial or disposition of an offense
within the criminal justice system.
What "records" are expunged?
Expunged records include complaints, warrants, arrests, commitments,
processing records, fingerprints, photographs, index cards, "rap
sheets" and judicial docket records.
Are there some records that cannot be erased?
Yes. In New Jersey, if you were convicted of murder, manslaughter,
treason, anarchy, kidnapping, rape, forcible sodomy, arson, perjury,
false swearing, robbery, embracery, or a conspiracy or any attempt to
commit any of the foregoing, or aiding, assisting or concealing persons
accused of the foregoing crimes, those records cannot be expunged.
Records of conviction for any crime committed by a person holding any
public office, position or employment, elective or appointive, under
the government of this State or any agency or political subdivision
thereof and any conspiracy or attempt to commit such a crime shall not
be subject to expungement if the crime involved or touched such office,
position or employment. In the case of conviction for the sale or
distribution of a controlled dangerous substance or possession thereof
with intent to sell, expungement shall be denied except where the
crimes relate to: (1) Marijuana, where the total quantity sold,
distributed or possessed with intent to sell was 25 grams or less, or
(2) Hashish, where the total quantity sold, distributed or possessed
with intent to sell was five grams or less.
On Februray 25, 2004, the Appellate Division released In re Petition for Expungement of W.S.
The case involves a challenge by the State to an expungement that was
granted in the Law Division on a 15 year old conviction for a sexual
assault under N.J.S.A. 2C:14-2. Not all criminal offenses are subject
to expungement. Under N.J.S.A. 2C:52-2(b), the Legislature has excluded
offenses under N.J.S.A. 2C;14-2, but placed the words "(aggravated
sexual assault)" after the statutory reference. The Appellate Division
ruled in W.S. that the prohibition in N.J.S.A. 2C:52-2(b) includes both the first degree crime of aggravated sexual assault and the second degree crime of sexual asault.
What if I was convicted of a drug offense, but I was young at the time. Are there exceptions to the above restrictions?
Yes. Notwithstanding the above restrictions, after a period of not less
than one year following conviction, termination of probation or parole
or discharge from custody, whichever is later, any person convicted of
an offense under Chapter 35 or 36 of the New Jersey Criminal Code for
the possession or use of a controlled dangerous substance, convicted of
violating 2A:170-77.5, or convicted of violating 2A:170-77.8), and who
at the time of the offense was 21 years of age or younger, get his
records expunged. The relief of expungement under this section shall be
granted only if the person has not, prior to the time of hearing,
violated any of the conditions of his probation or parole, albeit
subsequent to discharge from probation or parole, has not been
convicted of any previous or subsequent criminal act or any subsequent
or previous violation of Chapters 35 or 36 , 2A:170-77.5 or of
2A:170-77.8), or who has not had a prior or subsequent criminal matter
dismissed because of acceptance into a supervisory treatment or other
diversion program.
What is the waiting period or other conditions for expungement of records of conviction for a crime?
A person who has been convicted of a crime under the laws of this State
and who has not been convicted of any prior or subsequent crime,
whether within this State or any other jurisdiction, and has not been
adjudged a disorderly person or petty disorderly person on more than
two occasions may, after the expiration of a period of 10 years from
the date of his conviction, payment of fine, satisfactory completion of
probation or parole, or release from incarceration, whichever is later,
have his records expunged. Although subsequent convictions for no more
than two disorderly or petty disorderly offenses is not an absolute bar
to relief, the nature of those conviction or convictions and the
circumstances surrounding them are considered by the court and may be a
basis for denial of relief if they or either of them constitute a
continuation of the type of unlawful activity embodied in the criminal
conviction for which expungement is sought.
What
are the conditions for expungement of disorderly persons or petty
disorderly persons offenses? (If you want to know the difference
between "crimes" and "disorderly persons/petty disorderly persons
offenses, see: Crimes v. Disorderly Persons Offenses
Any person convicted of a disorderly persons offense or petty
disorderly persons offense under the laws of this State who has not
been convicted of any prior or subsequent crime, whether within this
State or any other jurisdiction, or of another three disorderly persons
or petty disorderly persons offenses, may, after the expiration of a
period of 5 years from the date of his conviction, payment of fine,
satisfactory completion of probation or release from incarceration,
whichever is later, obtain an expungement of those records.
I was only convicted of a violation of a local township ordinance, but I still want the record erased. Can I do it?
In all cases wherein a person has been found guilty of violating a
municipal ordinance of any governmental entity of this State and who
has not been convicted of any prior or subsequent crime, whether within
this State or any other jurisdiction, and who has not been adjudged a
disorderly person or petty disorderly person on more than two
occasions, may, after the expiration of a period of 2 years from the
date of his conviction, payment of fine, satisfactory completion of
probation or release from incarceration, whichever is later, obtain an
expungement.
Can I get my juvenile records expunged?
Any person adjudged a juvenile delinquent may have such adjudication
expunged if the act committed by the juvenile would have constituted a
crime if committed by an adult; if the act committed by the juvenile
would have constituted a disorderly or petty disorderly persons offense
if committed by an adult; or if the act committed by the juvenile would
have constituted an ordinance violation if committed by an adult. For
purposes of expungement, any act which resulted in a juvenile being
adjudged a delinquent is classified as if that act had been committed
by an adult. Additionally, any person who has been adjudged a juvenile
delinquent may have his entire record of delinquency adjudications
expunged if: (1) Five years have elapsed since the final discharge of
the person from legal custody or supervision or 5 years have elapsed
after the entry of any other court order not involving custody or
supervision; (2) He has not been convicted of a crime, or a disorderly
or petty disorderly persons offense, or adjudged a delinquent, or in
need of supervision, during the 5 years prior to the filing the
petition, and no proceeding or complaint is pending seeking such a
conviction or adjudication; (3) He was never adjudged a juvenile
delinquent on the basis of an act which if committed by an adult would
constitute a crime not subject to expungement; (4) He has never had an
adult conviction expunged; and (5) He has never had adult criminal
charges dismissed following completion of a supervisory treatment or
other diversion program. Any person who has been charged with an act of
delinquency and against whom proceedings were dismissed may have the
filing of those charges expunged.
What if I was never convicted? My charges were dismissed or I was found Not Guilty. When can I get an expungement?
In all cases, except as set forth herein, wherein a person has been
arrested or held to answer for a crime, disorderly persons offense,
petty disorderly persons offense or municipal ordinance violation under
the laws of this State or of any governmental entity thereof and
against whom proceedings were dismissed, or who was acquitted, or who
was discharged without a conviction or finding of guilt, may at any
time following the disposition of proceedings, have those records
expunged.
What if the charges were
dismissed after I completed a supervisory program, such as Pretrial
Intervention Program, or Conditional Discharge Program?
There is a six month waiting period after your charges have been
dismissed and you have been released from the supervisory program
before you can apply for an expungement.
I don't live in New Jersey any longer, but I would like to have my records expunged. Can I still do it?
Yes. You or your lawyer must present a duly verified petition to the
Superior Court in the county in which the conviction was entered
praying that such conviction and all records and information pertaining
thereto be expunged.
Will I have to travel to New Jersey to have it done?
No. We have expunged many records of persons from all over the United
States. It's all done through the mail, and a court appearance is
usually not required, so long as there are no objections filed by any
of the State agencies involved.
Can I expunge my Motor Vehicle driving records?
No. Expungements only apply to crimes, disorderly persons offenses, and local ordinance violations. |
