Everyone, from employers to landlords to online romantic prospects, are doing background searches these days. Therefore, criminal records can significantly impact your life, from employment opportunities to housing applications.
For many New Jersey residents with past convictions, an expungement offers a chance at a fresh start. If you need help clearing up your past and moving forward, we can help you. At Shuttleworth Law, P.C., we have two decades of criminal defense expertise to help you clear up your record so you can move forward toward a brighter future.
What is Expungement in New Jersey?
Expungement is the legal process of removing arrests, convictions, and related proceedings from an individual’s criminal record. If an expungement petition is successful, the arrest/conviction is completely erased and ceases to exist on a person’s record.
Is Expungement the same as Sealing a Record?
No. Sealing a record in NJ means that the arrest/conviction is extracted and isolated rather than destroyed. While law enforcement agencies can still access sealed records under certain circumstances, an expunged offense ceases to exist. A sealed record will not appear during a background check.
Eligibility Criteria
Before initiating the expungement process, it’s crucial to determine eligibility. As of 2024, New Jersey allows for expunging most indictable offenses (felonies), disorderly persons offenses (misdemeanors), municipal ordinance violations, and juvenile delinquency adjudications. In addition, the sentence must be served, and all accompanying fees and fines must be paid. There are also limits to how many and what kind of offenses you can petition to have expunged. Certain serious crimes, such as murder, kidnapping, sexual assault, and certain drug distribution crimes, are generally not eligible for expungement.
Recovery Court (formerly known as Drug Court) typically orders expungement upon program completion. If you graduated before April 2016, you would need to apply specifically for the expungement of your record. Expungement is also available for certain marijuana and hashish-related offenses.
Waiting Periods
The waiting period before applying for expungement varies depending on the nature of the offense, and it ranges from two to five years. This means you must wait a certain amount of time post-conviction before applying for an expungement of your record. In some cases, the waiting periods can be reduced through an “early pathway” expungement, which requires demonstrating that the expungement is in the public interest.
The Impact of Expungement
Successfully expunging your criminal record can profoundly affect employment opportunities, professional licensing, housing options, and civic participation. Many employers in New Jersey are prohibited from asking about expunged convictions. Landlords generally cannot discriminate based on expunged records. Many professional boards will not consider expunged convictions in licensing decisions. Expungement can restore certain civil rights, such as the right to serve on a jury.
What is a “Clean Slate” Expungement?
The Clean Slate law, enacted in New Jersey in 2020, represents a groundbreaking approach to criminal record clearance. Unlike traditional expungement, which requires filing individual petitions, Clean Slate is designed to clear eligible records automatically after a specified period. To qualify, a person must have a clean record for 10 years from their most recent conviction, payment of fines, or completion of probation/parole (whichever is later).
The process is meant to be automated through a statewide electronic system that identifies and clears eligible records without requiring any action from the individual. However, as of 2024, the automated system is still in development, so most people still need to file traditional expungement petitions. When fully implemented, Clean Slate will apply to most indictable offenses, disorderly persons offenses, and municipal ordinance violations. However, certain serious crimes like murder, sexual assault, and domestic violence still remain ineligible. The law aims to help those who have maintained a clean record for a significant period to move forward without the burden of their past mistakes affecting housing, employment, and other opportunities.
We Are Here to Help You Move Forward
Expunging a criminal record in New Jersey offers a path to redemption and renewed opportunities. While the process can be complex, its potential benefits make it worthwhile. As societal attitudes toward criminal justice continue to evolve, expungement is crucial for allowing people to move beyond past mistakes and build a better future for themselves.
Shuttleworth Law P.C. is an award-winning firm with talented New Jersey criminal record expungement lawyers. We can help you move forward with your life TODAY. Call us now at (888) 529-3486. A live person will answer your call 24/7/365.
