If you have been convicted of a local ordinance violation, disorderly person’s offense, or most kinds of felonies, you may be eligible to have your record wiped clean, which is called an expungement. Various waiting periods, depending on the nature and degree of a crime, may apply before you become eligible for an expungement. The granting of an expungement is significant because it isolates your criminal record entirely, including your arrest record, and removes it from public view. If your record has been expunged, you may legally answer “no” to any questions about whether or not you have a criminal record in New Jersey.
If you have been arrested or convicted of a crime in New Jersey, having your record expunged can give you opportunities that would not be possible with a criminal record. If you are considering applying for a job, obtaining a firearms card, adopting a child, coaching a team, becoming a teacher, or applying to nursing school, a Cherry Hill expungement lawyer at Kahn, Gigliotti & Lehrfeld can help you get your records expunged.
In New Jersey, both criminal records and juvenile records can be expunged. Motor vehicle records, including DUI or DWI records, cannot be expunged. Civil orders also cannot be expunged. If you were arrested, but the charges were later dismissed, you can apply for an expungement right away. If charges were dismissed following a conditional discharge, upon completion of a diversionary program or pre-trial intervention program, you can apply to have records expunged six months after your dismissal date. If you have been convicted of a crime, you can apply for an expungement 10 years after your sentence or probation ends. If you can prove to a judge that it is in the public interest to have your record expunged sooner, you may be able to obtain an expungement 5 years after completing your sentence or probation.
Some convictions cannot be expunged from your criminal record in New Jersey. These include:
Charges of conspiracy or attempt to commit any of the crimes listed above also cannot be expunged. Public office holders who are convicted of crimes related to the office they held may not be able to have their records expunged for those crimes.
Obtaining an expungement takes time. Once a petition for expungement is filed, the court will schedule a hearing to be held within 25-60 days. If the state has no objections, the expungement will be signed at the hearing. Then we must serve the appropriate state agencies with the expungement order and wait several weeks for them to expunge the records.