Eligibility for Expungement in New Jersey

Union County Expungements of Criminal Records Attorney

When someone desires to have their criminal record expunged, the key issue is whether or not that person is eligible for expungement. It is usually easy to determine eligibility because New Jersey sets out strict guidelines governing which crimes may be expunged, but there are some exceptions so an attorney should always be consulted. My name is Anthony N. Palumbo, New Jersey criminal defense lawyer, and I have been expunging criminal records for over 35 years.

New Jersey Eligibility for Expungement Lawyer

I am available to discuss your legal issues with you in person at my law offices or over the phone at 1-866-664-8118, anytime, day or night with no charge or obligation.

Expungement is a process that requires a lot of cooperation from many different legal agencies and officials. As an attorney who has worked successfully on both sides of the law, I have great relationships with officials in the legal community, and when I seek expungement on behalf of a client, I am taken seriously and my requests are treated with efficiency. If you would like to expunge your record, the information below should provide you with a general overview of whether you are eligible, but you should always consult with an attorney just to be sure.

New Jersey Criminal Defense Lawyer Expunging Criminal Records Essex, Hudson, Middlesex, Union County NJ

Anthony N. Palumbo, New Jersey Criminal Defense Attorney, Expunging Criminal Records in Essex County, Hudson County, Middlesex County and Union County in Elizabeth, Cranford, Westfield, Clark, Linden, Plainfield, Rahway, Roselle Park, Roselle, Summit, New Providence, Scotch Plains, Berkeley Heights, Fanwood and Mountainside NJ.

What Criminal Records Can Be Expunged?

Most New Jersey crimes except for the crimes listed below can be expunged. Federal crimes cannot be expunged, except in rare situations. If you have been convicted of one of the crimes listed below, you are not eligible to have your record expunged in New Jersey.

  • Kidnapping
  • Luring or Enticing
  • Robbery
  • Criminal Restraint
  • Arson
  • Perjury
  • False Swearing
  • Aggravated Sexual Assault
  • Aggravated Criminal Sexual Contact
  • Criminal Homicide (Except for Death by Auto)
  • Criminal Sexual Contact (but only if the victim is a minor)
  • Endangering the Welfare of a Child (sexual contact or film)
  • Drug Distribution or Possession with Intent to Sell (unless its 25 grams or less of marijuana, or 5 grams or less of hashish)
  • Where charges are dismissed because of insanity

Waiting Period

Whenever a person seeks to have a record expunged, there is a mandatory waiting period that must expire before the process can be implemented. The mandatory period is different depending on the crime the individual was convicted of. The waiting period begins on the last day of supervision (i.e. last day of parole or prison).

Indictable Criminal Offense: 10 year waiting period

disorderly persons offense & Petty: 5 year waiting period

Municipal Ordinance Violations: 2 year waiting period

Juvenile Cases: 5 year waiting period

Young Drug Offenders (21 or under): 1 year waiting period

Arrests not resulting in conviction: 6 months waiting period

Limit on Number of Convictions Expunged

If a person repeats a crime or is charged with multiple crimes or offenses, he may not be eligible for expungement. There are only so many that can be expunged. After a certain point, a person will no longer be eligible.

Indictable Criminal Offense:

A person may expunge an indictable criminal offense so long as they have only been convicted of an indictable crime once, and have not been convicted of more than 2 disorderly persons offenses.

disorderly persons offense & Petty:

A person can expunge a disorderly persons offense or a petty disorderly persons offense so long as they do not have more than two convictions of petty disorderly persons offenses or disorderly persons offenses, and they have not been convicted of an indictable crime.

Ordinance Violations:

A person can have an unlimited amount of ordinance violations expunged if they have no criminal record and no more than 2 disorderly persons convictions.

Juvenile Cases:

All juvenile charges can be expunged unless the juvenile was convicted of an adult crime that cannot be expunged. Additionally, for a juvenile to expunge, he must have never had an adult conviction expunged or dismissed after diversion, and cannot within 5 years of the conviction have been convicted of another crime or offense, adjudged a delinquent, or in need of supervision.

Young Drug Offender (21 or under):

Young drug offenders can have their records expunged without limit unless they were convicted of the distribution of a CDS, but even then, the record can still be expunged if the drug was marijuana or hash and the conviction was for 25 grams or less of marijuana, or 5 grams or less hash.

Arrests not resulting in conviction:

There is no limit to expunging arrests which did not result in a conviction.

New Jersey Expungement Attorney

If you are interested in having your record expunged, I can help you. Contact me today to determine your eligibility, and if you are eligible, we will begin the expungement process. As one of the most highly respected attorneys in the legal community, the necessary criminal agencies are always willing to work with me on expungement matters, making the process run that much smoother for my clients. Call 1-866-664-8118 for a free eligibility consultation at no obligation.

I expunge criminal records throughout New Jersey in Essex County, Hudson County, Middlesex County and Union County in Elizabeth, Cranford, Westfield, Clark, Linden, Plainfield, Rahway, Roselle Park, Roselle, Scotch Plains, Summit, New Providence, Berkeley Heights, Fanwood and Mountainside.

For more information on sex crimes in New Jersey, visit my sex crimes website which provides all the information you need to know about sex crimes in New Jersey.