Want to Expunge a Criminal Record in New Jersey?
Learn More from a New Jersey Expungement Lawyer
Fortunately, New Jersey offers a legal solution for eligible applicants through a process called expungement. Depending on the circumstances of your case or cases, you may be able to expunge records of arrests, criminal complaints, and even convictions for certain offenses, allowing you to move on with a clean slate. Travis J. Tormey and the New Jersey expungement lawyers at The Tormey Law Firm help clients through this process on a regular basis. Call (201) 556-1570 for a free consultation.
New Jersey Expungement Waiting Periods at a Glance
The waiting period depends on how your case ended and the type of offense. The general waiting periods are:
| Type of Record | General Waiting Period |
|---|---|
| Arrest or charge dismissed, or not guilty verdict | No waiting period in most cases |
| Diversionary program (PTI, conditional discharge, or conditional dismissal) | 6 months after successful completion |
| Municipal ordinance violation | 2 years |
| Disorderly or petty disorderly persons offense | 5 years, or 3 years through the early pathway |
| Indictable offense (felony) | 5 years, or 4 years through the early pathway |
| Clean Slate expungement | 10 years |
For a conviction, the waiting period generally runs from the latest of the conviction, payment of court-ordered fines, completion of probation or parole, or release from incarceration. The early pathway requires no new convictions and a finding by the court that expungement is in the public interest or that compelling circumstances exist.
Am I Eligible for an Expungement? What’s on My Criminal Record?
The best way to determine your eligibility for expungement in New Jersey is to start with a background check. The most accurate background check is a fingerprint check through the New Jersey State Police. You will want to schedule an appointment for a personal records request so that the results are sent directly to you. Once you schedule the appointment, pay the fee, and complete your fingerprinting, you will receive the results of your New Jersey record check. After you receive the results, we can help determine whether you are eligible and, if so, the best way to file your expungement.
Eligibility depends mainly on what you were convicted of, how many convictions you have, and how much time has passed. Out-of-state convictions cannot be expunged in New Jersey, but they do count toward your eligibility.
Types of Expungement Petitions in New Jersey
The two main types of expungements are regular expungement petitions and Clean Slate petitions. Regardless of the petition you file, any conviction you seek to expunge must be eligible under the expungement statutes. You cannot expunge convictions that are barred by statute. You may, however, expunge charges that would not otherwise be expungeable had there been a conviction.
For example, if you were convicted of terroristic threats but were also charged with arson and robbery, and those charges were dismissed, you may seek to expunge both the conviction and the dismissed charges. Convictions for arson and robbery are not eligible for expungement, but the dismissed charges are.
Regular Expungement
A regular expungement generally allows you to expunge:
- Up to five disorderly persons or petty disorderly persons offenses, if you have no indictable convictions; or
- One indictable offense and up to three disorderly persons or petty disorderly persons offenses.
In some cases, multiple crimes that were closely related in time and circumstances may be expunged together.
Clean Slate Expungement
A Clean Slate expungement allows an unlimited number of eligible indictable offenses, disorderly persons offenses, and municipal ordinance violations to be expunged in one petition. To qualify, generally 10 years must have passed since the latest of your most recent conviction, payment of court-ordered fines, completion of probation or parole, or release from incarceration. It is not available if you have a conviction for an offense that cannot be expunged.
How Do You File an Expungement in New Jersey?
An expungement petition can be filed electronically or on paper. The age of your case will help determine which method is required.
Electronic Expungement Petitions
Filing electronically is the preferred and most common way to file an expungement petition. Unless your case is old, it is generally the only way the court will accept your petition. New Jersey Courts have an expungement portal that attorneys and self-represented litigants can use to file a petition online. The portal allows the filer to track the status of the petition, upload documents, and confirm which agencies were notified.
To start an electronic petition, you need the county case number or the complaint number. From there, the petition will be generated. You can add matters that do not populate in the portal, including older matters and out-of-state matters, and add the agencies that must review the petition and Final Order. A Party Court History (“PCH”) search will also generate through the portal, and it must be reviewed before filing. The PCH shows cases linked to the petitioner, including juvenile matters.
Once the petition is filed, the attorney’s notice of appearance will be entered, and the court will issue a scheduling notice with a hearing date. This hearing date is a tracking date, so in most cases, there is no hearing you are required to attend.
Even if you have some very old cases, you may still be able to file electronically. For example, if you have a few matters from the 1980s and a more recent matter from 2004, you may be able to use the newer case to generate the petition in the portal and then add the older cases manually.
Paper Expungement Petitions
Older cases may need to be filed on paper. The court’s record-keeping system changed in the early 1990s, so if your case is from that time or earlier, older case numbers may not appear in the expungement portal.
The paper process requires more steps than an electronic filing:
- Request certified dispositions: A disposition is the court’s record of how your case was resolved. One must be requested from each court involved.
- Prepare the documents: We draft the petition, an Order setting a hearing date, and a proposed Order of Expungement. The petition and the proposed Order must list the same information, including the municipality where the arrest occurred, the date of arrest, the court where the matter was resolved, and the disposition.
- File with the court: The court returns a filed copy with an Order Setting a Hearing Date. This is a tracking date, not a court date you need to attend.
- Serve the Prosecutor’s Office: The Prosecutor’s Office in the county where the petition is filed will review it and either consent or object. In most cases, the State will run a multi-state background check through the New Jersey State Police.
- Receive the Final Order: If the State consents, the court issues a Final Order of Expungement, which directs each agency to seal your record.
- Serve the Final Order: The Final Order must be served on all required agencies by certified mail, return receipt requested. Once the receipts come back, an Affidavit of Service is filed with the court.
There are ways to overcome an objection from the State, but it is very important to be candid with your attorney so potential issues can be anticipated.
Confirming Your Expungement
Once the Final Order is entered, each agency must update its records. The New Jersey State Police is one of the most important agencies in this process, because its update appears to trigger the FBI to update its records as well. In the past, the State Police provided a letter confirming that its records had been updated. That is no longer the case. Once we receive confirmation that the State Police has complied with the Order, we recommend getting another background check to make sure the process is complete.
What Happens After an Expungement Is Granted?
If the court grants your expungement, the records related to the offenses listed in your petition are sealed. In general, you may then answer questions about those arrests, charges, or convictions as though they never happened, and a future criminal background check should not show them.
There are exceptions. For example, expunged records may still be considered if you apply for a job in law enforcement, corrections, or the judiciary. With an experienced New Jersey expungement attorney handling the process, in most cases, you will never even have to appear in court.
Dismissed Charges, Diversionary Programs, and Marijuana Records
New Jersey also changed the law for many marijuana and hashish cases. After adult-use cannabis became legal in 2021, many older low-level marijuana and hashish cases were vacated and expunged automatically. If you believe your marijuana case should have been expunged but still appears on your record, an attorney can review it and help you request relief.
What Criminal Charges Can Be Expunged in New Jersey?
Many offenses may be eligible for expungement in New Jersey, including:
- Drug (CDS) possession offenses
- Shoplifting
- Disorderly conduct
- Simple assault
- Criminal mischief
- Possession of a fake ID
- Underage possession of alcohol
- Hindering apprehension or prosecution
Third and fourth degree drug distribution convictions may be expunged only in limited circumstances.
NJ Offenses That Cannot Be Expunged
New Jersey law prohibits the expungement of certain convictions, including:
- Criminal homicide, except death by auto
- Kidnapping, luring or enticing, and human trafficking
- Sexual assault and aggravated sexual assault
- Aggravated criminal sexual contact, and criminal sexual contact with a minor
- Criminal restraint or false imprisonment when the victim is a minor and the offender is not the parent
- Robbery
- Arson and related crimes
- Certain endangering the welfare of a child offenses
- Perjury and false swearing
- Terrorism
- First and second degree drug distribution, or possession with intent to distribute
An attempt or conspiracy to commit one of these offenses is also generally not eligible.
Frequently Asked Questions About Expungements in New Jersey
How long does an expungement take in New Jersey?
It depends on the type of petition, whether it is filed electronically or on paper, and whether the prosecutor objects. Electronic petitions are generally faster than paper petitions, which require more steps and mailings.
Do I have to go to court for an expungement?
In most cases, no. The hearing date issued after filing is generally a tracking date, and you do not need to attend. If the prosecutor objects, a hearing may be required.
Can I expunge a dismissed charge in New Jersey?
Yes. In most cases, the records of a dismissed charge or a not guilty verdict can be expunged without a waiting period. If the charge was dismissed after completing a diversionary program, there is generally a six-month waiting period.
Can I expunge a DWI in New Jersey?
No. A DWI is a traffic offense in New Jersey, not a criminal offense, so it cannot be expunged under the criminal expungement law. Learn more about expunging a DUI or DWI.
Can I expunge out-of-state convictions in New Jersey?
No. New Jersey cannot expunge records from another state. However, out-of-state convictions count when the court decides whether you are eligible to expunge your New Jersey record.
What is the early pathway to expungement?
The early pathway allows some people to apply before the standard waiting period ends: after 4 years for an indictable offense, or after 3 years for disorderly persons offenses. You must have no new convictions, and the court must find that expungement is in the public interest or that compelling circumstances exist.
Contact New Jersey Expungement Attorneys for a Free Consultation
An expungement can significantly improve your life, creating opportunities that may otherwise be out of reach, even if you were found not guilty. Contact The Tormey Law Firm today to find out whether you are eligible for an expungement in New Jersey. Our New Jersey expungement lawyers can be reached at (201) 556-1570 or online, and consultations are always free.
Legally Reviewed By:
Travis J. Tormey, Esq.
Criminal Defense Attorney | New Jersey
