Do I Qualify for Expungement in New Jersey?

Committing a crime can follow you for the rest of your life. Unfortunately, a decision you’ve made years before can impact your options when it comes to education, housing, employment, and more. Luckily, you may be able to have your record expunged. Read on to learn more about expungement in New Jersey.

What is expungement?

Expungement can essentially seal your criminal record, allowing you to live your life without the hindrance of a record.  In the case of expungement, your records will not be erased, but they will not be accessible to the public. Notably, your record will still be accessible to certain members of law enforcement.

What crimes are eligible for expungement?

Not every crime is eligible for expungement. But, some of the crimes that are eligible include:

  • If you have committed a juvenile offense, you may have it expunged after three years
  • If you have 3 or less disorderly persons convictions and a felony conviction, or if you have 4 disorderly persons convictions and you have not been convicted of a felony, your record may be eligible for expungement
  • If you are someone who was once arrested for a crime, though you were not convicted of that crime, you may be eligible for expungement
  • If you were convicted of a certain felony, there is a chance you may have it expunged

Many crimes are simply ineligible for expungement. Those crimes are as follows:

  • Murder
  • Aggravated sexual assault
  • Perjury
  • The distribution/sale/intent to distribute a controlled substance
  • Kidnapping
  • Arson
  • Robbery

What are the steps of the process?

In order to have your record expunged, you will have to work with an experienced criminal defense attorney. Together, you and your attorney must:

  • Obtain all criminal records you wish to have expunged 
  • File the Petition for Expungement, the Order for Hearing, and the Expungement Order
  • Distribute copies of these files to any government agency that was involved in your case
  • Write a cover letter detailing all the documents the court will file
  • Attend the hearing for a decision on your expungement petition

If you have any questions about the expungement process, our firm is here to help. Reach out today to discuss your options with an experienced criminal defense attorney.

Contact our experienced Red Bank firm

Our firm proudly represents clients in New Jersey who are faced with matters of family law, criminal defense, business law, real estate law, or estate planning. If you require strong and dedicated representation for any of your legal matters, please do not hesitate to contact The Law Offices of George J. Mardinly to schedule a consultation.