Having criminal convictions on your record can significantly hinder your life, even after your sentence is served. Potential employers might see your convictions if they run a background check, and you might have a hard time finding employment. Depending on your situation and the nature of the convictions, you might have portions or all of your record expunged.
Expungements help previously convicted people erase their criminal records. Whether an expungement erases your entire record or only part of it depends on your case. If you meet the eligibility criteria, your convictions may be expunged, and court records about your arrest, charges, and conviction may be sealed. For some people, like juveniles, their entire criminal record may be wiped out by an expungement, leaving them with a clean slate and a fresh start. If you completed your sentence, speak to an attorney about whether you can have your record expunged.
For a confidential case review free of charge, call the Lombardo Law Group, LLC at (609) 418-4537 and speak to our Atlantic County, NJ criminal defense lawyers.
How Expungements Affect Your Record in NJ
An expungement is when certain information from a person’s criminal record is erased. According to N.J.S.A. § 2C:52-1(a), an expungement involves sealing all records on file in any court, correctional facility, or criminal justice agency regarding a person’s arrest, charges, conviction, and other details about their case. These records are sealed, and nobody other than the court and certain government agencies may have access to them. In short, when information is expunged, it is effectively erased from your record.
While these records technically still exist, as do records of the expungement process and proceedings, you may treat them as if they do not exist. For example, if a potential employer wants to hire you and asks if you have any criminal charges on your record that might prevent you from being hired, you are allowed to say no. You do not have to inform them of your charges, conviction, or expungement.
Expungements tend to involve numerous courts and government agencies. It is up to you to make sure all necessary agencies are contacted and informed about the expungement. Our Linwood, NJ criminal defense lawyers will help you contact all the right people so that your records are completely sealed.
According to § 2C:52-1(b), expunged records may include, but are not necessarily limited to, complaints, warrants, arrests, commitments, records of processing, photographs, rap sheets, fingerprints, and judicial docket records. This is certainly a lot of information, but it may or may not encompass your entire record.
What Can and Cannot Be Expunged From Your Record in NJ?
To determine whether your entire record may be expunged or only a portion, consider what is and is not eligible for expungement. Certain offenses are categorically barred from the expungement process. Others may only be expunged under certain circumstances. Still, others may be expunged in almost all cases.
Indictable Crimes
New Jersey does not use common legal terms like “felony” or “misdemeanor.” Instead, offenses that might be considered felonies in other states are known as “indictable crimes.” Similarly, offenses that might be misdemeanors elsewhere are called “disorderly persons offenses.”
According to N.J.S.A. § 2C:52-2(a), indictable crimes may be eligible for expungement only if certain criteria are met. You must have only one indictable crime on your record, one crime and three disorderly persons offenses, multiple crimes and disorderly persons offenses from a single judgment of conviction but no subsequent offenses, or multiple crimes and disorderly persons offenses that might have been committed separately but were closely related or interdependent and committed in a sequence of events within a relatively short time, regardless of the date or dates of conviction.
Additionally, you may be eligible for expungement if at least 5 years from the date your sentence was completed have passed.
Certain indictable crimes are rarely eligible for expungement. According to § 2C:52-2(b), crimes that cannot be expunged include but are not limited to murder, manslaughter, kidnapping, rape, arson, perjury, false swearing, robbery, treason, anarchy, forcible sodomy, embracery, or conspiracy to commit any of these offenses.
You must also consider the nature of certain drug-related crimes. Drug offenses are pretty common, but not all of them may be expunged. Under § 2C:52-2(c), certain drug-related offenses may be expunged depending on what kind of substance was involved and the quantities of those substances. For charges involving marijuana, you must have had less than one ounce. For charges involving hashish, you must have had less than 5 grams.
Crimes involving any other controlled substances might be expunged if they were for no more than third or fourth-degree crimes, and there are compelling circumstances to grant the expungement.
Disorderly Persons Offenses
Less serious disorderly persons offenses may also be expunged, and they tend to be a bit easier to expunge than indictable crimes. According to N.J.S.A. § § 2C:52-3(a)-(b), to be eligible for expungement, you must have been convicted of one or more disorderly persons offenses and not convicted of any crime may be eligible. Alternatively, you must have no more than 5 convictions for disorderly persons offenses on your record. Still, you may have multiple convictions, but they must stem from the same judgment. If they stem from separate judgments, they must be interdependent or closely related. Also, like for indictable crimes, at least 5 years have passed since your sentence was completed.
Expungements for Juvenile Records in NJ
Juveniles may have greater options for expungement, as juvenile courts tend to favor expunging juvenile criminal records so that young people may get a fresh start when they become adults.
Under N.J.S.A. § 2C:52-4.1(a), a juvenile who was adjudicated delinquent for an offense that would be an indictable crime, disorderly persons offense, or ordinance violation may be eligible for expungement.
According to § 2C:52-401(b), a juvenile’s entire record may be eligible for expungement under the following conditions.
First, at least 3 years must have passed since the juvenile completed their sentence. Second, the juvenile must not have been convicted of another offense during the 3 years since the end of their sentence. Third, the offense for which the juvenile was adjudicated is not barred from expungement (e.g., murder, kidnapping, arson). Fourth, the juvenile, if now an adult, has never had an adult conviction expunged. Finally, the juvenile has never had adult charges dismissed after completing a diversion program.
Contact Our NJ Criminal Defense Lawyers for Help Now
For a confidential case review free of charge, call the Lombardo Law Group, LLC at (609) 418-4537 and speak to our Burlingotn, NJ criminal defense lawyers.
