Recent Update to New Jersey’s Expungement Law

JERSEY CITY and NEWARK, New Jersey. Last week, we discussed some of the challenges that individuals with criminal records face. Laws regarding expungement of criminal records vary across the country. New Jersey recently updated its expungement laws which can have major implications for individuals looking to get a fresh start. Expungement of a criminal record can be beneficial for individuals because a criminal record can have an impact on all aspects of your life—from accessing certain types of federal aid to securing certain types of jobs.

Under New Jersey Statutes Title 2C. The New Jersey Code of Criminal Justice 2C § 52-2, an expungement is permitted if a person meets the following criteria:

• The crime was committed in the state of New Jersey and under the laws of the state
• The individual does not have any prior criminal record, in either New Jersey or any other state
• The individual does not have more than two disorderly person convictions
• The original crime the individual wishes to expunge must have occurred 10 years prior and must meet criteria for expungement
• The individual must pay all fines
• The individual must satisfactorily complete parole or probation
• The individual must complete an application for expungement and send this to the Superior Court in the county where the crime was originally convicted

Individuals may also be able to apply for expungement of certain criminal offenses after 5 years if they not been convicted of another crime or disorderly person violation in the time period since the first crime was committed. Additionally, the courts are given discretion in expunging criminal records earlier, based on the nature of the original offense, the person’s character, and behavior since they have been convicted.

Certain crimes cannot be expunged. These crimes include: murder, manslaughter, rape, forcible sodomy, treason, anarchy, kidnapping, perjury, false swearing, robbery, embracery, or conspiracy. Complicity in any of these crimes also cannot be expunged from a person’s criminal record.

Do you qualify for an expungement? The Law Office of Eric M. Mark, a criminal defense lawyer in Jersey City and Newark can review your criminal history and help you understand whether you qualify for expungement and, if you qualify, help you apply to have your criminal record removed from the public view.

According to the Press of Atlantic City, some local courts are offering workshops on the types of criminal records that can be expunged and information about the filing process. While it is possible to apply for expungement on your own, some individuals choose to be assisted by a criminal defense attorney. The Law Office of Eric M. Mark can help you apply for expungement, particularly if your case is complex, or if your case might be subject to the discretion of a judge. For example, if you are seeking an expungement sooner than the 10 year waiting period, you may need to show the court a record of good character. A qualified lawyer can help you present the strongest evidence for why your record should be expunged.