Expungement eligibility NJ
|
Type of Offense
|
Eligibility
|
Waiting Period
|
|
Indictable Offenses
2C:52-1
|
1 conviction, plus up to 2 Disorderly
Persons convictions
|
10/ years from date supervision
completed [or 5 year eagle scout rule]
|
|
Disorderly Persons Offenses (includes
Petty DO Offenses)
2C:52-3
|
Up to 2 offenses, provided no criminal
convictions
|
5 years from court date & fines
paid [or 3 year eagle scout rule]
|
|
Municipal Ordinance Violations
2c:52-4
ex: Seaside Park fighting etc
|
No limit, provided no crminal record
and no more than 2 Disorderly Persons convictions
|
2 years from court date & fines
paid
|
|
Juvenile Delinquency Offenses
2C:52-4.1
|
All records, except those that are of
the 17 ineligible offenses committed by an adult
|
5 years from date supervision
completed
|
|
Young Drug Offender Records
2C:52-5
|
No limit if for possession or use of
CDS
|
1 year from date supervision completed
|
|
Arrests - No Conviction, charge
dismissed 2C:52-6
|
No Limit
|
No waiting period
|
for PTI, Conditional Discharge or
Conditional Dismissal - 6 months from completion of program 2C:52-6 (c)
More info at http://criminal-law.freeadvice.com
And
http://www.njlaws.com/expungement.html
Convictions which never can be expunged:
1 Criminal Homicide (Except Death by Auto);
2 Kidnapping;
3 Luring or Enticing;
4 Aggravated Sexual Assault;
5 Aggravated Criminal Sexual Contact;
6 Criminal Sexual Contact (if victim is a minor);
7 Criminal Restraint;
8 Robbery ;
9 Endangering the Welfare of a Child (if based on sexual contact);
10
Perjury;
11
False Swearing or perjury;
12
Human Trafficking;
13
Causing or Permitting a Child to Engage
in a Prohibited Sexual Act;
14
Selling or Manufacturing Child
Pornography;
15
Knowingly Promoting the Prostitution of
the Actor's Child;
16
Terrorism; and
17
Producing or Possessing Chemical
Weapons, Biological Agents or Nuclear or Radiological Devices.
18
Trafific violations, DWI, etc
The Special Eagle Scout/ Altar Boy early expungements
* Certain indictable convictions are
eligible for consideration after 5 years (versus 10 years) if: (a) less than 10
years has expired from the satisfaction of a fine but the 10-year time
requirement is otherwise met and payment plans have been largely met); OR (b)
At least 5 years has expired from conviction, payment of a fine, satisfactory
completion of probation/parole, or release from incarceration, AND the person
has not since been convicted of a crime AND giving consideration to the nature
of the offense AND the applicant's character/conduct..
**If an acquittal resulted from a
finding of either insanity or lack of mental capacity, the offense cannot be
expunged.
Eligibility
rules for expungement of Controlled Dangerous Substances (CDS) convictions: For distribution or sale of controlled dangerous substance or possession of
CDS with intent to distribute or sell may be expunged only if they are Third or
Fourth degree convictions. These convictions can be expunged after giving
consideration to the nature of the offense and the applicant's
character/conduct since conviction.
New Jersey statutes are NJ Stat. 2C:52-1
through 2C:52-3.
For more articles on New Jersey
expungements, click on the following:
