The general requirements to expunge various types of matters under New Jersey law are listed below.
(This is only a general guide (some exceptions may apply) - an attorney can help analyze
your specific facts and research current case law that may apply to your situation.)
I. - Arrests not resulting in conviction:
a. - (1) If you have arrest records that did not result in conviction, i.e. - charges dismissed, found not guilty, etc., you can apply to the Court for expungement as soon as the charges are formally disposed of by the Court handling the criminal matter.
- (2) If your charges were dismissed because you entered a supervisory treatment program or diversionary program (conditional discharge, [PTI]pre-trial intervention) where you were not required to plead guilty, you must wait until 6 months after the Court handling the criminal charges ordered your charges dismissed. (The Court usually orders them dismissed after you successfully complete your supervisory or diversionary program). AND
b. - You must not have any disorderly persons, petty disorderly persons, or criminal charges, pending against you at the time your expungement petition is submitted.
II - Municipal Ordinance Violations
a. - If you were convicted of a Municipal ordinance violation, you must wait until 2 years from the date of your conviction, payment of fine, satisfactory completion of probation or release from incarceration, whichever is the latest date, before you may petition the Court for expungement; AND
b. - You must not have any disorderly persons, petty disorderly persons, or criminal charges, pending against you at the time your expungement petition is submitted; AND
c. - You must have less than three disorderly or petty disorderly persons convictions and can not have any indictable convictions, (even if previously expunged) at any time, in any state/federal system.*
* - There may be some room to argue that one is entitled to expunge an unlimited number of Municipal Ordinance convictions.
If your case falls into the narrow class of those consisting of many Municipal Ordinance convictions, call Dan Kelley for a free consult to discuss the details of your specific situation.
III - Disorderly Persons and Petty Disorderly Persons Arrests/Convictions
a. - If you were convicted of a disorderly or petty disorderly persons offense, you must wait until 5 years from the date of your conviction, payment of fine, satisfactory completion of probation or release from incarceration, whichever is the latest date, before you may petition the Court for expungement; AND
b. - You must not have any disorderly persons, petty disorderly persons, or criminal charges, pending against you at the time your expungement petition is submitted; AND
c. - You must have less than four disorderly or petty disorderly persons convictions and may not have any indictable convictions, at any time, in any state/federal system. (If you do have an indictable conviction, however, it may be subject to expungement even though it precludes your DP exungement.)AND
d. - You cannot have ever been granted the dismissal of charges through participation in [PTI]pre-trial intervention; AND
e. - You cannot have ever been granted an expungement, sealing of records, or similar relief in any State or Federal Court with respect to a criminal/felony charge.
IV - Indictable Offenses Arrests/Convictions (Crimes/Superior Court)
a. - If you were convicted of an indictable offense and it is not excluded from expungement by state law, (see FAQs) you must wait until 10 years from the date of your conviction, payment of fine, satisfactory completion of probation or release from incarceration, whichever is the latest date, before you may petition the Court for expungement; AND
b. - You must not have any disorderly persons, petty disorderly persons, or criminal charges, pending against you at the time your expungement petition is submitted; AND
c. - You cannot have been found guilty of/entered pleas of guilty- with respect to more than two disorderly or petty disorderly persons offenses or ever been convicted of any other crime; AND
d. - You cannot have ever been granted the dismissal of charges through participation in [PTI]pre-trial intervention; AND
e. - You cannot have ever been granted an expungement, sealing of records, or similar relief in any State or Federal Court with respect to a criminal/felony charge.
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Kelley Law Offices, LLC
401 Cooper Landing Rd.
Suite C-16
Cherry Hill, NJ 08002
(856)414-1080
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