Tuesday, May 9, 2017

Expungement eligibility NJ

Expungement eligibility NJ

Type of Offense
Waiting Period
Indictable Offenses
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)

Up to 2 offenses, provided no criminal convictions
5 years from court date & fines paid [or 3 year eagle scout rule]

Municipal Ordinance Violations
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

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

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

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: