New Jersey’s Expungement Laws | What You Need to Know

criminal record

A criminal record can affect your life in a number of ways. For example, you may be unable to acquire certain loans and housing opportunitites. Additionally, you may struggle when it comes to finding employment or pursuing higher education. A criminal record can even impact your child custody situation. Luckily, you may be eligible for expungement. Read on to learn more about the process of expungement in New Jersey.

What is expungement?

Expungement can effectively seal your criminal record. This means that your records will not be erased, but they will not be accessible to the public. Your records will still be accessible to certain members of law enforcement. But, expungement essentially allows you to live your life without a criminal record.

What crimes are eligible for expungement?

There are various crimes or scenarios that do qualify for expungement. They are as follows:

  • 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

What crimes cannot be expunged?

Unfortunately, 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

Our firm believes that a mistake of the past should not impact your future. Reach out today to discuss your options when it comes to expungement in New Jersey.

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.