The Changing Landscape of Expungement in New Jersey: What You Need to Know
In recent years, the landscape of expungement laws has seen significant changes in New Jersey, with the most notable being the enactment of the Expungement Reform Law in 2019. This law has brought sweeping modifications to expungement eligibility and the process, positively affecting many individuals seeking to clear their criminal records. This article will explore how these changes could impact you.
Understanding Expungement
Expungement is a legal process that results in the removal, sealing, or isolation of records within any court, detention or correctional facility, law enforcement, or criminal justice agency. When an expungement is granted, it can remove information such as an individual’s arrest, all court proceedings related to the case, any criminal or juvenile conviction, and the outcome of the case, including the sentence1.
Recent Changes to Expungement Laws
In December 2019, Governor Murphy signed a groundbreaking expungement reform bill into law, initiating sweeping changes to the state’s expungement process and eligibility criteria. Known as the “clean slate” provision, this reform allows many more individuals to expunge their entire record of arrests and convictions 10 years after their most recent conviction, payment of fine, satisfactory completion of probation, or parole, or release from incarceration, whichever comes later2.
However, it’s crucial to note that individuals with convictions for serious crimes such as murder, robbery, and aggravated sexual assault are not eligible for this relief.
Technological Innovations
Another notable aspect of these reforms involves the introduction of an electronic filing procedure, also known as “e-filing”, to streamline the process. This innovation will provide for electronic document management and service of process. Once this system is in place, the courts will be able to run the petitioner’s criminal background information and serve the necessary parties 30 days after filing2.
Moreover, the law authorized a task force to develop an automated expungement system, which would eliminate the need for individuals to go through the traditional multi-step petition process2.
Impact on Marijuana Convictions
The reform law also contains provisions for expedited expungement and the sealing of certain marijuana offenses, offering a more streamlined path to expungement for those with such convictions2. The law also regrades several marijuana-related criminal offenses as disorderly persons offenses for the purposes of expungement, further broadening eligibility2.
Revised Traditional Eligibility
Under the new law, a previous conviction will no longer prevent the expungement of a later conviction, even if the previous conviction is not eligible to be expunged. In addition, the waiting period to expunge an indictable conviction (and up to three disorderly persons or petty disorderly persons convictions) has been reduced from six years to five years2.