If you have been arrested for or convicted of a crime or quasi-criminal offense in New Jersey, your criminal record may cause problems for you when you are applying for jobs, professional licenses, or even attempting to coach your child’s sports team. Thankfully, New Jersey provides a way for you to remove the records of certain arrests or convictions, provided you meet a number of legal requirements and satisfy a waiting period following the date of your conviction. The process of getting your records removed from the files of courts and law enforcement agencies is called expungement. Here, we answer many of the frequently asked questions (FAQ’s) about expungements in New Jersey. To talk to a lawyer who can assist with determining your eligibility and completing the process of getting your record expunged, contact us today.
Who Can Get an Expungement in NJ?
Expungement requirements can be different depending on the type of record, arrest, or conviction you want to eliminate. For instance, axpunging a disorderly persons offense or a municipal ordinance violation has a different set of requirements than does expunging an indictable offense, or felony crime. The following are some general guidelines to help you determine whether you might be eligible for expungement. You can contact an experienced NJ expungement lawyer at our Morristown criminal law office to learn more about whether expungement is an option for you.
How do I Expunge a Municipal Ordinance Violation in New Jersey?
It is easier to expunge a municipal ordinance violation than it is most other violations you may have on your permanent record. To expunge a municipal ordinance violation, you need to wait a minimum of two years following the date you were convicted, the date your fine was paid, or the date you completed any probationary period, whichever is later. You must never have been convicted of an indictable offense, and you must have two or fewer disorderly persons offenses or petty disorderly persons offenses on your criminal record in order for the two-year waiting period to apply.
What are the Requirements for Expunging a Disorderly Persons Offense in NJ?
If you wish to expunge a disorderly persons offense, you must normally wait for five years after the date of your conviction, termination of probation, or payment of your fine, whichever is later, before your offense can be expunged. You must not have been convicted of a felony-level charge for the 5-year waiting period to apply. Further, if you have been convicted of three or more disorderly persons offenses, the combined total of disorderly persons offense convictions may make you ineligible for expungement.
Does New Jersey Allow Expungement of a Felony?
If you want to expunge an indictable felony crime, the specific crime must be eligible for expungement in New Jersey. Many very serious crimes like perjury, terrorism, human trafficking, homicide, producing chemical weapons, engandering the welfare of a child sex crimes, robbery, false imprisonment, and some child pornography offenses are simply ineligible for expungement. If, however, the indictable offense you have been convicted of is eligible for expungement, you must wait until six years must have passed since your conviction, the date you paid your fine, and termination of your probation or parole, whichever is later, before applying for the expungment. And you must only have one felony conviction on your record. If you have been convicted of three or more disorderly persons or petty disorderly persons offense and a felony crime, you may be ineligible for expungement.
It is important to note that in certain cases, you may be able to complete the expungement process before you finish paying all of the fines applicable to your case. However, the rules that apply to fines are very specific and you should have your case examined by a lawyer if you haven’t finished paying fines yet.
Need Help Getting an Expungement in NJ? Contact us Now
If you want to know if you are eligible for an expungement or want help from an experienced New Jersey expungement attorney to expunge your criminal record, contact us now for a free consultation. Our attorneys have successfully handled thousands of expungements in NJ and we are here to help you.