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expungemynjrecord.com
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A Summary of the 2010 Changes to the New Jersey Expungement Law
Recent changes to the New Jersey Expungement Law siginificantly affect expungement eligibility for many types
of cases and lowers the time waiting period from 10 years to 5 years for indicitable convictions under certain circumstances. There was no change to the 5 year waiting period for
Disorderly Persons or Petty Disorderly Persons offenses.
(underlined portions on this page are the actual text of the new law.)
There are two instances in which the revised expungement law permits expungement prior to the full ten year wait from the LAST DATE in the case:
(a) Less than 10 years has expired from the satisfaction of
fine, but the 10-year time requirement is otherwise satisfied, and the court finds that the person substantially complied with any payment plan orered pursuant to N.J.S.A.
2C:46-1, et seq., or could not do so due to compelling circumstances affecting his ability to satisfy the fine; or
(In determining whether compelling circumstances exist, . . . a court may consider the amount of fine or fines imposed, the
person's age at the time of the offense, the person's financial condition, or any other circumstances regarding the person's ability to pay).
(b) at least 5 years has expired from the date of his conviciton, payment of fine, satisfactory completion of probation or parole, or release from incarcearation,
whichever is later; the person has not been convicted of a crime, disorderly persons, or petty disorderly persons offense since the time of the conviction; and the court finds
the expungement is in the public interest, giving due consideration to the nature of the offense, and the applicant's character and conduct since
conviction.
The first part of these changes, (paragraph a) can help lower the waiting period when it has been ten years since your
actual conviction date, but you did not finish paying fines yet. This situation is relatively unusual and probably will not benefit the majority of expungement candidates.
The second part of the changes, (paragraph b), however, significantly lowers the waiting limit for expungement from 10 years to 5 years if 1, you have not been convicted of any
crimes (felonies) or disorderly persons/petty disorderly persons offenses (misdemeanors); 2, and if you can prove to the court that your expungement is in the public interest,
looking at the fact of the case, and what you have done since the time of the conviction.
In addition, under the new changes, many more types of drug charges that were previously barred from
expungement now quaify:
In the case of conviction for the sale or distribution of a
controlled dangerous substance or possession thereof with intent to sell, expungement shall be denied except where the crimes involve:
(3) Any controlled dangerous substance provided that the convicition is of the third or fourth degree, where the court finds that expungement is in the public
interest, giving due consideration to the nature of the offense and the petitioner's character and conduct since conviction.
This particular change is likely to be one of the most beneficial to many seeking expungement. For those convicted of 3rd or 4th degree
drug sales or distribution/intent to distribute offenses, expungement is now available regardless of the drug involved provided the court finds the expungement consistent with the public interest, based on
what you have done since the conviction. The prior expungement law only permitted expungement of sales, distribution/intent to distribute convictions if the drugs involved were
very small amounts of marijuana or hashish.
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The New Changes also added numerous new offenses to the list of convictions barred from expungement:
- Human Trafficking;
- Causing or Permitting a Child to Engage in a Prohibited Sexual Act;
- Selling or Manufacturing Child Pornography;
- Knowingly Promoting the Prostitution of the Actor's Child;
- Terrorism;
- Producing or Possessing Chemical Weapons, Biological Agents or Nuclear or Radiological Devices.
Call or e-mail anytime to discuss the details of your case and how the 2010 Changes to the expungement
law can help you qualify, or allow you to wait less time We are happy to set up an appointment
for you to come in for a No-Fee, No-Obligation consult or provide the consultation by phone or e-mail.
Even
the phone call is free (888)NJ-LAWS1.
www.kelleylawoffices.com
Kelley Law Offices, LLC
401 Cooper Landing Rd.
Suite C-16
Cherry Hill, NJ 08002
(856)414-1080
toll-free (888)NJ-LAWS1
info@kelleylawoffices.com
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