Expungement of an Indictable Conviction in New Jersey

A criminal conviction can continue to affect you long after your case is over. Even after completing probation, parole, or a jail or prison sentence, a conviction may remain part of your criminal history and can potentially arise during background checks for employment, professional licensing, housing, and other opportunities.

Fortunately, New Jersey law allows many individuals to clear eligible criminal convictions through the expungement process. If you were previously convicted of an indictable crime in New Jersey, you may be able to have the conviction expunged depending on the offense, your criminal history, and how much time has passed since completion of your sentence.

The New Jersey expungement attorneys at the Tormey Law Firm assist clients with determining whether their records qualify for expungement and handling the process of clearing eligible criminal records.

What Is an Indictable Crime in New Jersey?

Although the word “felony” is commonly used when discussing serious criminal convictions, New Jersey law generally refers to these offenses as indictable crimes.

Indictable crimes are ordinarily classified by degree, ranging from first-degree through fourth-degree offenses. These cases are generally handled in the Superior Court rather than municipal court.

A conviction for an indictable crime does not automatically mean that the conviction must remain on your record permanently. Many indictable offenses can be expunged if the requirements established under New Jersey law are satisfied.

Can an Indictable (Felony) Conviction Be Expunged?

In many cases, yes.

N.J.S.A. 2C:52-2 governs the expungement of certain indictable criminal convictions in New Jersey. Whether an individual qualifies depends upon the nature and number of convictions, the person’s overall criminal record, completion of the applicable waiting period, and other statutory requirements.

It is important to examine the actual conviction rather than simply its degree. Some indictable crimes are eligible for expungement, while New Jersey law specifically prohibits the expungement of certain other offenses.

For this reason, determining eligibility should begin with a review of the individual’s complete criminal history and the specific statutes under which he or she was convicted.

How Long Do You Have to Wait to Expunge a Felony Criminal Conviction?

For a traditional expungement of an eligible indictable conviction, New Jersey generally provides a five-year waiting period under N.J.S.A. 2C:52-2.

Determining when that period has been satisfied requires more than simply looking at the date of conviction. The relevant dates may include completion of probation or parole, release from incarceration, and payment of applicable court-ordered financial assessments.

In certain circumstances, an individual may seek an expungement before the full five years have passed. New Jersey’s expungement procedures recognize an application after four years in qualifying cases where the statutory requirements are satisfied and compelling circumstances support the request.

Because every criminal history is different, the applicable waiting period should be calculated based upon the particular facts of the case.

Are Any Indictable Crimes Not Eligible for Expungement?

Yes. New Jersey law excludes certain criminal convictions from expungement.

N.J.S.A. 2C:52-2 contains specific restrictions concerning offenses that cannot be expunged through the traditional process. There are also special rules applicable to certain controlled dangerous substance convictions.

As a result, the fact that many indictable crimes are eligible for expungement does not mean that every felony-level offense can be cleared.

The specific statute of conviction, degree of the offense, and circumstances of the person’s criminal history must be reviewed before determining eligibility.

What If I Have More Than One Conviction?

Having more than one conviction does not necessarily mean that you cannot obtain an expungement.

New Jersey’s expungement laws contain provisions addressing individuals with multiple offenses, including circumstances involving convictions that arose from related conduct or a closely connected sequence of events.

Additionally, individuals who do not qualify under the traditional expungement provisions may potentially qualify for relief under New Jersey’s Clean Slate law.

The Clean Slate statute, N.J.S.A. 2C:52-5.3, can permit the expungement of multiple qualifying New Jersey convictions after the applicable statutory period has passed, provided the individual does not have a conviction that is statutorily excluded from expungement. Current New Jersey appellate decisions recognize a ten-year waiting period for Clean Slate eligibility.

Because multiple convictions can substantially affect which expungement provision applies, it is important to review the entire criminal history rather than evaluating one conviction in isolation.

What Does an Expungement Accomplish?

An expungement generally removes qualifying criminal records from ordinary public access and isolates records maintained by courts, law enforcement agencies, correctional facilities, and other criminal justice agencies.

This can be particularly important for individuals whose old criminal records continue to create difficulties years after their cases have been completed.

An expungement does not necessarily mean that every record is physically destroyed. New Jersey law permits access to expunged information in certain limited circumstances. However, for most ordinary purposes, an expungement can significantly change how an eligible criminal history is maintained and disclosed.

Why Expunge an Old Criminal Record?

A conviction from years ago may no longer reflect the person you are today, but the record itself can continue to follow you.

People often seek expungements because they are pursuing new employment, applying for a professional license, seeking housing, continuing their education, or simply want to put an old criminal matter behind them.

Obtaining an expungement can provide eligible individuals with an opportunity to move forward without an old conviction routinely appearing as part of their public criminal history.

How Does the New Jersey Expungement Process Work?

Before seeking an expungement, the first step is determining exactly what appears on your criminal record. This includes identifying prior arrests, charges, convictions, dismissals, and the dispositions associated with each case.

Once eligibility has been determined, an expungement application can be submitted through the New Jersey court system. The appropriate government agencies are provided with notice and have an opportunity to raise an objection where permitted by law.

If the expungement is granted, the court enters an order directing the appropriate agencies to handle the covered records in accordance with New Jersey’s expungement laws.

Issues can arise when a criminal history contains incomplete information, multiple cases, older convictions, unpaid financial obligations, or offenses subject to special statutory rules. Reviewing these issues before filing can help avoid unnecessary complications.

Do You Need an Attorney for an Expungement in New Jersey?

You are not required to hire an attorney to apply for an expungement. However, determining whether an indictable conviction qualifies can sometimes be more complicated than it initially appears.

An expungement attorney can review your entire criminal history, determine whether any convictions create an eligibility issue, identify the appropriate statutory basis for the application, calculate the applicable waiting period, and address objections that may arise.

This can be especially helpful for individuals with multiple convictions, older criminal records, drug-related offenses, or questions regarding Clean Slate eligibility.

If you have an old indictable conviction in New Jersey, you should not assume that it must remain on your record forever. Depending upon the offense and your criminal history, you may qualify to have the conviction expunged.

The attorneys at the Tormey Law Firm handle expungement matters throughout New Jersey. We can review your record, determine whether you meet the requirements for an expungement, and assist you throughout the process.

Contact the Tormey Law Firm today to discuss whether your New Jersey criminal conviction may be eligible for expungement.