New Jersey law allows for the expungement of one indictable felony and up to three disorderly person charges after four to five years have passed (exceptions apply). Arrest records that do not result in a conviction can be wiped, as can records relating to cases heard in recovery court and some marijuana-related crimes.
Although expungement might be a terrific method to clear your name and go on with your life, not all crimes in New Jersey are qualified for this type of record clearance. It takes a lot of time and effort to seek and receive an expungement, and any mistakes might have serious consequences, so look up a criminal lawyer near me today!
Can You Explain the Concept of Expungement?
Expungement in the criminal judicial system refers to erasing, sealing, impounding, or isolating specific case files or other documentation. Your criminal history, including any arrests, court processes, convictions, and case results (including sentencing records), may be expunged if you qualify.
What Kinds of Criminal Convictions Cannot Be Overturned?
In New Jersey, expungement is not an option for the records of some criminal offenses, such as those for conspiracy to conduct specific crimes. They include the following:
- Murder by another means except an automobile
- Kidnapping
- attractive or tempting
- Trading human beings
- Assault or aggravated assault of a sexual nature
- Punishment restraints
- Partner violence or sexual assault
- Keeping someone captive
- Robbery
- Cases of arson and similar offenses
- Terrorism
- Crimes involving sexual contact with minors
The heinous nature of these offenses makes them unsuitable for expungement, even though New Jersey now has a “clean slate” law intended to make the expungement process more accessible. New Jersey law only allows for expungements of criminal records. Therefore, most traffic violations cannot be removed. Therefore, driving under the influence convictions cannot be expunged.
Can a Conviction for Drug Distribution Be Overturned?
Whether or not a drug distribution conviction can be sealed from public view depends on the nature of the drug and the quantity involved. You may not be granted an expungement in New Jersey if your drug dealing conviction involves:
- Less than an ounce of marijuana and
- less than five grams of hashish
- Any third- or fourth-degree conviction for possession of a controlled substance (CDS)
How Long does it Typically take to Expunge a Record?
The length of time it takes to erase your record could vary based on the specifics of your case. However, the typical time frame for an expungement case is between nine months and two years. The time it takes to erase your record may increase if the prosecutor objects. If you must react to the objection and defend your expungement petition in court, the deadline could be pushed again.
