If you have a criminal record in New Jersey, you may be eligible to have your offense expunged from your criminal record. It is important, however, to be able to distinguish not only what type of expungement is right for you, but also to be able to determine if you are eligible for an expungement and if you have met the mandatory requirements for your expungement, whether it be a misdemeanor or felony expungement.
New Jersey Misdemeanor Record Expungement
In New Jersey, if you were convicted of a misdemeanor, the requirements for an expungement are as follows:
- You must satiate a 2-year waiting period after successfully completing probation, incarceration, and payment of all fines – whichever was completed last.
- You cannot have pending charges against you.
- You cannot be convicted of a felony or an indictable offense in any state.
- You also cannot have 3 or more disorderly or petty disorderly violations.
New Jersey Felony Record Expungement
If you were convicted of a felony, or an indictable offense, the requirements for an expungement are the same as the requirements for expunging a misdemeanor with the exception of the following:
- You must satiate the 10 year waiting period after successful completion of probation, incarceration, and payment of fines –whichever was completed last.
- You cannot have have ever been granted dismissal of charges through pretrial intervention, with the exception of disorderly or petty disorderly offenses.
- You cannot have already expunged a criminal offense.
If you have met all of the requirements for your respective offense and are eligible to have your felony or misdemeanor expunged, then you may petition to have your offense expunged with the courthouse that oversaw your original hearing. The court clerk of your respective courthouse will be able to supply you with information about your case that you will need to file your petition such as the date of your arrest, the name of your arresting agency, the date that your disposition was given, and your case identification number. It is important to keep in mind that the court clerk is legally prohibited from offering you legal advice about your case or from helping you to file out your petition. For any legal inquiries, view the New Jersey Courts website at http://www.judiciary.state.nj.us/.
Read our New Jersey Law Blog for more information.
