How to Expunge Your Criminal and/or Juvenile Record in New Jersey
Expunging your criminal or juvenile record in New Jersey can be a complicated process, but it may allow you to remove arrests, convictions, and other records from public view. An expungement can open doors to jobs, housing, education, and other opportunities.
What is Expungement in New Jersey?
Expungement is the removal and isolation of records from your criminal or juvenile case so they are no longer publicly available. The records are sealed, so they won’t show up on most background checks. After expungement, you can legally deny you were arrested or convicted, except in certain circumstances.
While law enforcement keeps your records private after expungement, some agencies like the Department of Insurance don’t have to. So expungement mostly seals your record from the public.
What Types of Records Can Be Expunged?
Many types of criminal and juvenile records can be expunged in New Jersey, including:
- Arrests that didn’t lead to convictions
- Convictions for disorderly persons offenses and petty disorderly persons offenses
- Indictable criminal convictions (after 10 years)
- Juvenile delinquency records
But serious violent and sex crimes typically can’t be expunged, like homicide, kidnapping, robbery, and sexual assault. Most motor vehicle offenses also can’t be expunged.
When Can I Apply for Expungement?
You must wait a certain number of years after conviction or release from jail/parole before expunging different types of records:
- Disorderly persons offenses – 5 years
- Petty disorderly persons offenses – 5 years
- Indictable offenses (felonies) – 10 years
- Juvenile records – 5 years after turning 18 in most cases
The waiting period runs from the date of your conviction or release from jail/parole, whichever is later. The court can also consider “compelling circumstances” to grant an expungement early in some cases.
How Do I Apply for an Expungement?
You start the New Jersey expungement process by filing a Petition for Expungement in Superior Court in the county where you were arrested or prosecuted. The petition states why you qualify for expungement.You can now file for expungement online through New Jersey’s eCourts Expungement System. This site walks you through the process and helps prepare the forms.
If filing online, you need your case number and other info about your record. You may need to contact the court or police to get this. The site has instructions if you don’t know your case number.
After filing the petition, you must send copies to various state and county agencies involved in your case, like the Attorney General, State Police, and County Prosecutor.
A judge then reviews your petition and decides whether to grant the expungement. If approved, agencies remove your records from public access.
Should I Hire an Attorney?
The expungement process has complicated steps, so having a lawyer is recommended if you can afford it. Contact the legal aid office in your county if you qualify for free legal services.
Understanding the Benefits and Limitations
While expungement can open many doors, it has limits. Your records still exist, they are just hidden from public view. Private companies don’t have to remove expunged records from their databases.
And while you can legally deny having an expunged record, you still have to disclose it if applying for a government job or firearms permit. Expungement also does not seal your criminal record from federal agencies like the FBI.But overall, expungement removes the many barriers and stigma of a criminal or juvenile record for most purposes. It offers a chance at a fresh start if you qualify.