Expungement of Criminal Records in New Jersey
Many times individuals come to my office looking for an expungement of a past criminal offense or arrest. There are certain waiting periods and procedures that must be followed depending on the associated criminal charge.
The first question that must be answered is "What is an expungement?" An expungement is essentially the extraction and isolation of all records associated with a criminal offense in the New Jersey criminal justice system. Therefore, any and all records on file with any court or law enforcement office in the State will be extracted and isolated. Even though the records are not destroyed, it is as though the records don't exist. This is extremely important when applying for jobs as this criminal offense and arrest will no longer show up on your permanent record.
The second question that must be answered is "Is my criminal conviction expungable?" This is not as easy to answer. Depending on your charge, there is typically a waiting period before your conviction is subject to expungement. Moreover, there are certain charges in New Jersey that are not subject to expungement at all. For example, kidnapping, robbery, and aggravated sexual assault are not subject to expungement in New Jersey. However, most charges are subject to expungement after the waiting period. For indictable offenses, the waiting period is ten (10) years. For disorderly persons offenses and petty disorderly persons offenses, the waiting period is five (5) years. For municipal ordinances, the waiting period is two (2) years. For an arrest that did not result in a conviction, there is no waiting period and you can apply for an expungement immediately. For additional information on expungements, please feel free to contact my office for immediate assistance.
