Offenses no expungement permitted NJ
2C:52-2. Indictable Offenses.
a.In all cases, except
as herein provided, wherein a person has been convicted of a crime under the
laws of this State and who has not been convicted of any prior or subsequent
crime, whether within this State or any other jurisdiction, and has not been
adjudged a disorderly person or petty disorderly person on more than two
occasions may, after the expiration of a period of 10 years from the date of
his conviction, payment of fine, satisfactory completion of probation or
parole, or release from incarceration, whichever is later, present a duly
verified petition as provided in N.J.S.2C:52-7 to the Superior Court in the
county in which the conviction was entered praying that such conviction and all
records and information pertaining thereto be expunged.
Notwithstanding the
provisions of the preceding paragraph, a petition may be filed and presented,
and the court may grant an expungement pursuant to this section, although less
than 10 years has expired in accordance with the requirements of the preceding
paragraph where the court finds:
(1)less than 10 years has expired from the
satisfaction of a fine, but the 10-year time requirement is otherwise
satisfied, and the court finds that the person substantially complied with any
payment plan ordered pursuant to N.J.S.2C:46-1 et seq., or could not do so due
to compelling circumstances affecting his ability to satisfy the fine; or
(2)at
least five years has expired from the date of his conviction, payment of fine,
satisfactory completion of probation or parole, or release from incarceration,
whichever is later; the person has not been convicted of a crime, disorderly
persons offense, or petty disorderly persons offense since the time of the
conviction; and the court finds in its discretion that expungement is in the
public interest, giving due consideration to the nature of the offense, and the
applicant's character and conduct since conviction.
In determining whether
compelling circumstances exist for the purposes of paragraph (1) of this
subsection, a court may consider the amount of the fine or fines imposed, the
person's age at the time of the offense, the person's financial condition and
other relevant circumstances regarding the person's ability to pay.
Although
subsequent convictions for no more than two disorderly or petty disorderly
offenses shall not be an absolute bar to relief, the nature of those conviction
or convictions and the circumstances surrounding them shall be considered by
the court and may be a basis for denial of relief if they or either of them
constitute a continuation of the type of unlawful activity embodied in the
criminal conviction for which expungement is sought.
b.Records of conviction
pursuant to statutes repealed by this Code for the crimes of murder,
manslaughter, treason, anarchy, kidnapping, rape, forcible sodomy, arson,
perjury, false swearing, robbery, embracery, or a conspiracy or any attempt to
commit any of the foregoing, or aiding, assisting or concealing persons accused
of the foregoing crimes, shall not be expunged.
Records of conviction for the
following crimes specified in the New Jersey Code of Criminal Justice shall not
be subject to expungement: N.J.S.2C:11-1 et seq. (Criminal Homicide), except
death by auto as specified in N.J.S.2C:11-5; N.J.S. 2C:13-1 (Kidnapping);
section 1 of P.L.1993, c.291 (C.2C:13-6) (Luring or Enticing); section 1
of P.L.2005, c.77 (C.2C:13-8) (Human Trafficking); N.J.S.2C:14-2 (Sexual
Assault or Aggravated Sexual Assault); N.J.S.2C:14-3a (Aggravated Criminal
Sexual Contact); if the victim is a minor, N.J.S.2C:14-3b (Criminal Sexual
Contact); if the victim is a minor and the offender is not the parent of the
victim, N.J.S.2C:13-2 (Criminal Restraint) or N.J.S.2C:13-3 (False
Imprisonment); N.J.S.2C:15-1 (Robbery); N.J.S.2C:17-1 (Arson and Related
Offenses); N.J.S.2C:24-4a. (Endangering the welfare of a child by engaging in
sexual conduct which would impair or debauch the morals of the child);
N.J.S.2C:24-4b(4) (Endangering the welfare of a child); N.J.S.2C:24-4b. (3)
(Causing or permitting a child to engage in a prohibited sexual act);
N.J.S.2C:24-4b.(5)(a) (Distributing, possessing with intent to distribute or
using a file-sharing program to store items depicting the sexual exploitation
or abuse of a child); N.J.S.2C:24-4b.(5)(b) (Possessing items depicting the
sexual exploitation or abuse of a child); N.J.S.2C:28-1 (Perjury);
N.J.S.2C:28-2 (False Swearing); N.J.S.2C:34-1b.(4) (Knowingly promoting the
prostitution of the actor's child); section 2 of P.L.2002, c.26 (C.2C:38-2)
(Terrorism); subsection a. of section 3 of P.L.2002, c.26 (C.2C:38-3)
(Producing or Possessing Chemical Weapons, Biological Agents or Nuclear or
Radiological Devices); and conspiracies or attempts to commit such crimes.
