Has a criminal record made it challenging to pursue employment, housing, or educational opportunities? Even when you’ve completed your sentence, a criminal record can impose a long-lasting stigma. Fortunately, you may qualify to expunge your New Jersey criminal record, which can provide a fresh start after an arrest or conviction.
Contact William Fay, Esq., for a free initial case evaluation with a professional Ocean County expungement attorney. You can learn how expunging your arrest and conviction records can help you move forward after a criminal case.
Why Hire William Fay for Your Criminal Expungement in Ocean County, NJ?
Pursuing expungement can be a stressful experience. Choose Mr. Fay for compassionate counsel and representation in your expungement petition. As a former New Jersey deputy attorney general, Mr. Fay possesses an in-depth understanding of the state’s criminal justice system, which he leverages to assist clients with arrest or conviction records in navigating the expungement process. He understands that everyone has a unique case, so he makes a determined effort to review the circumstances of each client’s case to form a tailored legal strategy.
Mr. Fay also strives to maintain regular contact with clients, who can reach him directly via cell phone. He will handle every aspect of your expungement matter from start to finish. His results-focused approach enables him to pursue optimal outcomes in each client’s case.
Reach out today for your free, fully confidential case evaluation.
Why Do You Need a Lawyer When Seeking Criminal Expungement?
Obtaining an expungement in New Jersey can involve complex legal rules and procedures, but having reliable legal counsel can help guide you through the process. An attorney can assist you with a criminal expungement in the following ways:
- Walking you through the New Jersey expungement requirements to prepare you for what to expect during the process
- Reviewing the facts of your case to determine your eligibility for expungement
- Helping you gather necessary documentation and assisting you in preparing your petition
- Ensuring you notify the appropriate agencies of the expungement hearing
- Advocating on your behalf at the hearing, especially if law enforcement agencies object to your petition
- Assisting you with serving expungement orders on the state agencies with copies of your records
How Do I Know if I’m Eligible for an Expungement of My New Jersey Record?
People with criminal convictions may wonder whether they can pursue expungement of their records. For example, individuals with less serious offenses on their records may ask, “Can a misdemeanor be expunged?”
Under the standard expungement process in New Jersey, a person can expunge up to five misdemeanors (called petty disorderly persons or disorderly persons offenses in New Jersey) if they have no other criminal history. However, if a person has an indictable persons conviction (also called a felony conviction) on their record, they can expunge up to three misdemeanor offenses.
A person may become eligible to expunge misdemeanor offenses after a five-year waiting period following the completion of their sentence, including the payment of court-ordered fines or other financial assessments and completion of parole.
But can a felony be expunged in New Jersey as well? In most cases, a person can expunge an indictable crime (felony) conviction after observing a waiting period following the completion of their sentence (including paying all fines). In certain circumstances, a person might have the option to expunge two or more indictable offenses. A person may become eligible to expunge an indictable offense after observing a five-year waiting period following the completion of their sentence, including the payment of court-ordered fines or other financial assessments and completion of parole.
New Jersey also offers a “clean slate” expungement that allows eligible individuals to expunge their entire criminal record. A person who does not have an offense ineligible for expungement can petition the court for a “clean slate” expungement after observing a 10-year waiting period following the completion of their last sentence and remaining offense-free since their previous offense. However, a clean slate expungement cannot expunge offenses ineligible under state law for expungement.
A person can pursue expungement of a conviction for a municipal ordinance two years after completing the sentence, including paying all fines. For offenses for which a person has entered a diversionary program, such as pretrial intervention, they may seek expungement six months after completing the program. Finally, when a person’s criminal charges do not result in a conviction, they may immediately seek expungement of their arrest records.
Which Crimes Could Be Eligible for Expungement in New Jersey?
What crimes can be expunged in New Jersey? Some of the most common examples of crimes eligible for expungement under state law include the following:
- Municipal Ordinances – Open container violations, noise violations, public urination
- Disorderly Persons Offenses – Simple assault, resisting arrest, disorderly conduct
- Drug Offenses – Marijuana possession (eligible for immediate expungement), simple possession, third- or fourth-degree possession with intent to distribute
- Theft Offenses – Shoplifting, embezzlement, theft by deception (under specific property value thresholds)
What Crimes Cannot Be Expunged in New Jersey?
State law expressly prohibits the expungement of certain offenses from a person’s criminal record. Examples of crimes that a person cannot expunge in New Jersey include the following:
- Criminal homicide (except death by auto)
- Kidnapping
- Luring or enticing
- Human trafficking
- Sexual assault or aggravated sexual assault
- Aggravated criminal sexual contact
- Criminal sexual contact (if the victim is a minor)
- Criminal restraint or false imprisonment (if the victim is a minor and the offender is not the parent)
- Robbery
- Arson and related offenses
- Endangering the welfare of a child (involving sexual offenses and/or child pornography)
- Perjury
- False Swearing
- Knowingly promoting the prostitution of one’s child
- Terrorism
- Producing or possessing chemical weapons, biological agents, or nuclear or radiological devices
- Conspiracies or attempts to commit any of the crimes above
What Is the Process of Expunging a Criminal Record in New Jersey?
The process of expunging a criminal record in New Jersey will involve several steps. First, a person seeking expungement must gather the relevant records they wish to expunge. These records must include the following:
- The date of arrest
- The statutory offenses or municipal ordinances underlying the arrest
- The indictment, complaint, summons, docket number, or warrant number involved in the case
- The date of the final disposition of the case (e.g., date of conviction, date of adjudication of delinquency, date of not guilty verdict, or date of order of dismissal)
- The specific disposition of the case (e.g., dismissal, acquittal, diversion, or conviction and sentence)
After gathering necessary documentation, a person can file their petition for expungement with the court that presided over the case they wish to expunge. The petition must include information establishing the person’s eligibility for expungement.
Once the person files their petition, the court will schedule a hearing and mail copies of the hearing order back to the petitioner. The petitioner must serve copies of the order on agencies involved in the criminal case they wish to expunge, including law enforcement agencies, district attorney’s offices, or probation/parole offices.
At the hearing, the court will review the expungement petition and hear any objections to the petition from state law enforcement agencies. Should the petitioner meet the criteria for expungement, the court will grant the petition and issue an order to seal the petitioner’s criminal records. The petitioner must serve the court’s order on all New Jersey agencies or departments that have copies of the expunged record(s).
New Jersey expungement waiting time can depend on various factors, including the types of records you wish to expunge, the specific expungement process,
If I Plead Guilty, Can I Receive an Expunction of My Record?
Even when a person pleads guilty to a criminal offense, they may be eligible to apply for an expungement of that conviction if the offense qualifies. An individual must wait the required period after completing their sentence to pursue expungement. Additionally, a person may only expunge a limited number of offenses under the standard expungement process. Otherwise, they must meet the qualifications for a clean slate expungement.
What Does It Mean to Have a Criminal Record Sealed?
Expungement in New Jersey does not erase arrest or conviction records. It orders state agencies to seal them from public view while keeping them accessible for limited purposes.
But who can see expunged records in New Jersey? Law enforcement, corrections officials, and the courts may review expunged records when evaluating employment applications, sentencing decisions, or pretrial release. The New Jersey State Bar can access them for law license applications. The Department of Corrections may use them to classify inmates or determine parole eligibility. Federal immigration authorities can also review expunged records in deportation, visa, or citizenship cases.
Outside these circumstances, expunged records are unavailable to private employers or the public. Legally, expungement treats the arrest or conviction as if it never occurred, allowing individuals to deny its existence except when disclosure is specifically required.
Contact a Criminal Expungement Attorney in Ocean County Today
If you have an arrest or conviction record in New Jersey, you may face challenges in moving forward with your life. An expungement of your records can give you a fresh start. Contact William Fay, Esq., today for a free, confidential consultation over the phone or in person with an experienced Ocean County expungement lawyer. You can discover how to expunge your record in New Jersey so that you can obtain a fresh start after completing your sentence.