New Jersey laws allow for expungement of records from any court, detention or correctional facility, law enforcement or criminal justice agency. NJSA 2C:52-1(a).
The records do not get modified or destroyed. Instead, the public generally has no access to the records. In re T.P.D., 314 N.J.Super. 643, 715 A.2d 1048 (L.1997), affirmed 314 N.J.Super. 535, 715 A.2d 994. The exceptions are:
Agencies before which a petition to expunge is pending are allowed to see if expungement has been made before. NJSA2C:52-17.
Violent Crimes Compensation Board may view expunged records in conjunction with any claim which has been filed with said board. NJSA 2C:52-18.
Expunged records may be released with court order upon good cause shown and only if they are the object of a judicial proceeding or litigation. In such cases, the records may not be used except for sentencing on a subsequent offense after guilt has been established. NJSA 2C:52-19.
The expunged records may be released when charged with the same offense again and the court needs to determine whether or not to accept defendant into a supervisory treatment or diversion program. NJSA 2C:52-20.
Any judge, prosecutor, or attorney general may view the expunged records for the purposes of a sentencing hearing, bail, or a presentence report. NJSA 2C:52-21.
The parole boardmay view the expunged records before a parole hearing. NJSA 2C:52-22.
The expunged records may be released to the department of corrections for classifying prisoners. NJSA 2C:52-23.
A list of crimes as defined by N.J.S.A. 2C:1-4(a) and N.J.S.A. 2C:1-4(d) that are excluded from expungement according to NSJA 2C:52-2:
Criminal Homicide (2C:11-1) , Death by Auto (2C:11-5), Kidnapping (2C:13-1), Luring or Enticing (2C:13-6), Aggravated Sexual Assault (2C:14-2), Criminal Sexual Contact (2C:14-3a), Criminal Sexual Contact (2C:14-3b), Criminal Restraint (2C:13-2), False Imprisonment (2C:13-3), Robbery (2C:15-1), Arson & Related offenses (2C:17-1), False Swearing (2C:28-2), Endangering the welfare of a child (2C:24-4b(4), Perjury (2C:28-1).
Endangering the welfare of a child by engaging in sexual contact (2C:24-4a)
Conspiracies or attempts to commit any of the above crimes (Except embracery).
Distribution or possession with intent to distribute CDS except:
Marijuana under 26 grams or hashish under 6 grams.
Records of conviction for any crime committed by a person holding any public office, position or employment, elective or appointive, under the government of this State of any agency or political subdivision thereof and any conspiracy or attempt to commit such a crime shall not be subject to expungement if the crime such a crime shall not be subject to expungement if the crime involved or touched such office, position or employment.
10 years must pass since completion of one’s sentence. NJSA 2C:52-2. But the court may grant expungement even if less than 10 years has passed in certain circumstances. NJSA 2C:52-2(a)(1) & (2). These are technical and a lawyer should be consulted.
For disorderly person offenses and petty disorderly person offenses:
5 years must pass since last conviction. NJSA 2C:52-3.
Must not have prior or subsequent conviction of a crime. Id.
Must not have 3 disorderly person or petty disorderly person convictions. Id.
For violations of ordinances:
2 years must pass since sentence was completed. NJSA 2C:52-4.
No prior or subsequent convictions. Id.
No more than 2 disorderly person convictions or petty disorderly person convictions. Id.
For NJ arrests not resulting in a conviction:
Almost always allowed.
6 Months must pass since dismissal. NJSA 2C:52-6
Must not have been adjudged mentally insane or lacked mental capacity.
