If you have exactly one criminal conviction on your record, then the events that led up to that conviction are probably your biggest regret. Even though the arrest happened when you were so much younger than the version of you that committed the crime is almost unrecognizable to your current self, the record of the unfortunate incident shows up every time a prospective employer or landlord conducts a background check.
If you think it is unfair that a decades-old mistake from which you have long since learned and for which you have long since paid the price follows you around forever, New Jersey law agrees with you. It is possible to petition the court to expunge most criminal records. However, many serious crimes cannot be expunged. For example, murder, arson, robbery, sex crimes, distribution or manufacture of controlled dangerous substances, perjury, bribery, and others cannot be expunged under New Jersey law.
For help getting an arrest record or conviction record expunged, contact a New Jersey expungement lawyer.
Criminal Convictions That are Not Eligible for Expungement
Not all criminal offenses are eligible for expungement under New Jersey law. The following crimes never become eligible for expungement, no matter how much time has passed since the arrest or conviction that led to them appearing in your records:
- Murder
- Manslaughter
- Kidnapping
- Human trafficking
- Luring or enticing a victim of an attempted kidnapping or human trafficking
- Rape, sexual assault, or aggravated sexual assault
- Aggravated criminal sexual contact (sexual contact between an adult and a minor)
- Armed robbery
- Arson
- Endangering the welfare of a child
- Production or distribution of child exploitative content
- Perjury
- Terrorism
- Production of biological weapons or chemical weapons
- Abuse of public office
- Drug trafficking
- Conspiracy to commit a crime that is not eligible for expungement
In other words, any of the crimes listed above will eventually become eligible for expungement. Some of the most common criminal convictions, such as drug possession, simple assault, and illegal possession of weapons, can eventually being removed from your record. Even convictions for vehicular homicide become eligible for expungement after enough time goes by.
How Soon Can You Expunge Eligible Criminal Records in NJ?
Once you have determined that a criminal record is eligible for expungement, the next step is to find out when it becomes eligible. Whereas most states classify criminal offenses as misdemeanors and felonies, New Jersey law uses the term disorderly persons offenses for the former and indictable offenses for the latter. Whether the record is for a disorderly persons offense or an indictable offense matters in cases of expungement. In either case, the waiting period before the record becomes eligible for expungement begins when you complete your sentence, whether it involves imprisonment, probation, or any other conditions; it does not begin on the day of your trial or sentencing hearing. You must wait five years after completing your sentence before you can apply to expunge a record of a disorderly persons offense and 10 years before you can apply to expunge the record of an indictable offense.
Is Expungement the Only Way to Make a Criminal Record Disappear?
Expungement, also known as the sealing of a criminal record, is definitely the most common way to proactively get rid of a criminal record but not technically the only way. The “no double jeopardy” law only means that, if you are acquitted, the state cannot prosecute you again for the same offense. If you were convicted at trial, you always have the right to appeal your conviction. If you pleaded guilty, you may or may not be able to appeal your conviction, depending on the terms of your plea deal. Likewise, even if you are not eligible to appeal your conviction, you can apply for a governor’s pardon, although pardons are relatively rare.
That being said, some records go away on their own. If you had a case in juvenile court, the record will go away after a certain number of years, even if you were adjudicated delinquent. The time it takes for juvenile delinquency records to go away depends on the nature of the offense. If you were younger than 18 at the time of the offense but the court charged you as an adult, then the expungement rules for adult criminal court apply.
As for drunk driving, you do not have to get DWI convictions expunged. New Jersey law considers DWI a traffic offense instead of a crime. Therefore, DWI records disappear from your background check once 10 years have passed since your last run-in with traffic court.
Contact Our Expert New Jersey Expungement Lawyer
A criminal defense lawyer can help you begin the process of expunging an arrest or criminal conviction from your record. Contact us today to discuss your situation and find out whether your criminal record can be expunged.
