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 criminal 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:
1Criminal Homicide (Except Death by Auto);
2Kidnapping;
3Luring or Enticing;
4Aggravated Sexual Assault;
5Aggravated Criminal Sexual Contact;
6Criminal Sexual Contact (if victim is a minor);
7Criminal Restraint;
8Robbery ;
9Endangering the Welfare of a Child (if based on sexual contact);
10 Perjury; Arson
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.
-Traffic violations, DWI, etc
-Domestic Violence
The Special Eagle Scout/ Altar Boy early expungements
Early Pathway Expungement of Indictable Convictions
The court may grant an expungement of an indictable offense even if less than six years have passed from date of the conviction, payment of fine, completion of probation or parole, or release from prison—whichever is later—if:
Less than six years have passed since the payment of a fine (but the waiting requirement has otherwise been met), and the court finds that you substantially complied with a court-ordered payment plan, or could not do so because of compelling circumstances (this can include the amount of the fine or fines imposed, your age at the time of the offense, your financial condition, and other circumstances affecting your ability to pay); or
At least five but less than six years have passed since the date of conviction, payment of fine, completion of probation or parole, or release from incarceration—whichever is later; you have had no further convictions for an indictable offense, disorderly persons or petty disorderly persons offense since the time of the most recent conviction, and the court finds that expungement is in the “public interest” giving due consideration to the nature of the offense and your character and conduct since the conviction.
Early Pathway Expungement of Disorderly Persons Convictions
The court may grant an expungement of a disorderly persons offense even if less than five years have passed per the above section where:
Less than five years have passed since the payment of a fine (but the waiting requirement has otherwise been met), and the court finds that you substantially complied with a court-ordered payment plan, or could not do so because of compelling circumstances (this can include the amount of the fine imposed, your age at the time of the offense, your financial condition, and other circumstances affecting your ability to pay); or
At least three years but less than five years have passed since the date of the most recent conviction, payment of fine, completion of probation or parole, or release from incarceration—whichever is later; you have had no convictions for an indictable offense, disorderly persons, or petty disorderly persons offense since the time of the most recent conviction, and the court finds that expungement is in the public interest giving due consideration to the nature of the offense and your character and conduct since the conviction.
· 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:
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