Frequently Asked Questions
Benefits of Obtaining an Expungement
After being arrested or charged with a violation of the criminal laws in New Jersey, you may find routine issues obtaining a job, credit, and constantly will face that red mark on your criminal record when anyone obtains a background check. If you have a NJ criminal conviction, you may be stopped from government employement, or getting a job as a teacher, nurse, securities broker, or any other job that requires a proper background check, security clearance, or professional license.
Effects of a NJ Expungement
Only the NJ Superior Court of New Jersey is able to order the Expungement of an arrest or criminal conviction in the State of New Jersey. If the court enters an expungement order, the offense virtually never happened. Once an expungement is ordered, you are legally entitled to answer NO when being asked if you have been arrested, convicted, or charged with a crime, or disordely persons offense. Once an expungement is achieved in the State of New Jersey, when a background check is run on your name, no criminal record will come up, or be found. The only exception to this is that if you are applying for a law enforcement officer job, or judicial branch of the government, or if you ever face new criminal charges, or seek another expungement.
NJ Expungement Eligibility
- You have been arrested and the charges against you were dismissed.
- You were convicted of a crime (felony) and more than 10 years have past since you completed probation, or relleased from prison, and paid all applicable fines.
- You were convicted of a Municipal Ordinance Violation and 2 years have passed since your conviction.
- You have sucessfull completed Pre-Trial Intervention or a Conditional Discharge Program for a drug offense and six months have passed.
- You were convited of a Petty Disorderly Persons or Disorderly Persons Offenseand more than five years have passed since you paid all applicable fines, or completed probation.
NJ Expungement Disqualifications
- You have more than one felony conviction.
- You have (1) felony conviction, and more than (2) disorderly persons convictions.
- You have been convicted of any of these specific felonies under NJ Criminal Code:
- Criminal Homicide - Section 2C:11-1 (except death by auto under 2C:11-5
- Kipnapping - Section 2C:13-1
- Luring or Enticing - 2C:13-6
- Aggravated Sexual Assault - 2C:14-2
- Aggracated Criminal Sexual Contact - 2C:14-3a
- False Imprisonment - 2C:13-3
- Robbery - 2C:15-1
- Arson / Related Crimes - 2C:17-1
- Endangering the welfare of a child - 2C:24-4a
- Perjury - 2C:28-1
- False Swearing - 2C:28-2
- Your NJ criminal conviction is for the sale, distrobution, or possession with intent to distrubute a CDS, with the exception of less than 25 grams of marijuana or hashish.
- You have had a prior criminal charge dismissed through Conditional Discharge or Pre-Trial Intervention.
Benefits to Young Drug Offenders
If you were under the age of 21 at the time you committed an offense of possession of (CDS) or the sale, distrobution, or possession with intent to distribute less than 25 grams of marijuana, or 5 grams of hashish, you don't need to wait 10 years for a crime, or 5 years for a disorderly persons offense. If more than one year has gone by since leaving custody, or 1 year has passed since the completion of probation / parole and you have not violated any probation provisons you are eligible to have the offense expunged.
Don't let a small criminal conviction stop you from getting a job!
Call 1-877-676-7729 for legal advice 24/7!
