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Not All Crimes Are Eligible for Expungement in New Jersey

If you were ever arrested and/or convicted of a criminal offense in the State of New Jersey, it may be possible to have that record expunged.  If successful, an expungement would erase your record from any mention of that arrest and/or conviction. However, not every offense is eligible for expungement. That’s why it’s imperative to consult with an expungement attorney.

Most homicides, aggravated sexual assault, endangering the welfare of a child, kidnapping, and many other offenses are generally not eligible for expungement in New Jersey. Limited exceptions may exist, but individuals must meet with a criminal defense attorney to find out whether or not their record may be eligible for expungement.

Where a crime is eligible for expungement, it is necessary to wait a certain amount of time before requesting expungement. These time limits vary with regard to the crime committed and whether or not a record is actually expunged additionally depends upon the satisfaction of all terms of sentencing. Accordingly, an individual must have paid all fines, completed all required courses or served all time in addition to waiting the stipulated length of time. The waiting period may be as short as six months or as long as 10 years, depending upon the infraction.  In cases where the charge was dismissed, the arrest itself is eligible to be expunged immediately.

It’s difficult for the ordinary person to determine if they are eligible for expungement. Consulting with a criminal defense attorney can clear up a lot of uncertainty. It isn’t always easy to confront past mistakes by pursuing an expungement, but if successful, then the effort is definitely worthwhile. Having a criminal record can adversely affect your ability to rent an apartment or get a job. That’s because many of these tasks require individuals to disclose any criminal history or submit to a background check. It’s unfair for a thoughtless error in judgment made years ago to prevent you from pursuing your dreams today.

As criminal defense and expungement attorneys, we help clients achieve the clear criminal record that they deserve. While not everyone is entitled to an expungement, it is at least worthwhile to explore the possibility. With a clean background, our clients have been able to go on to obtain a college degree or enter the new career path that they have been dreaming of for years.

Getting an expungement can be a time consuming and complicated process. However, we are always willing to fight for the rights of our clients. Our experience in this area of law provides us with the knowledge and resources required to fully address your unique situation.

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