Clearing Your Record in New Jersey

Introduction

In New Jersey, individuals who have been arrested without a conviction or who have completed a Pre-Trial Diversion program, such as PTI, Conditional Discharge, or Conditional Dismissal, may be eligible to have their records expunged. As of 2016, most arrests that do not result in convictions are automatically expunged by the court. Nevertheless, if your dismissed charges remain on your record or if you have completed a diversion program and six months have passed since the dismissal, you may be eligible for expungement. Once your record is expunged, it will no longer be accessible, except in certain situations, and it will not appear in background checks.

Expungement for Convictions in New Jersey

In New Jersey, individuals convicted of a crime might be eligible for expungement. The state classifies municipal ordinance violations, petty disorderly persons violations, and disorderly persons violations as misdemeanors, while indictable offenses are classified as felonies. The expungement process in New Jersey now offers two pathways to clear your record: traditional expungement, which has specific eligibility requirements and waiting periods, and clean slate expungement, which is available for those who meet a waiting period and have no restrictions on the number of offenses that can be expunged, with some limitations on the nature of the offenses.

Expungement Requirements for Different Offenses

Municipal Ordinance Violations

To expunge a municipal ordinance violation, the following criteria must be met:
  1. A 2-year waiting period after completing probation, incarceration, or payment of all fines (whichever comes last)
  2. No pending charges
  3. No convictions for crimes (indictable offenses or felonies) in New Jersey or other states
  4. No more than two disorderly or petty disorderly persons violations
    Disorderly Persons or Petty Disorderly Persons Violations
To expunge a disorderly persons or petty disorderly persons violation without indictable offense convictions, the following requirements must be met:
  1. A 5-year waiting period after completing probation, incarceration, and payment of fines (whichever comes last) or a 3-year waiting period with no new convictions and expungement is in the public interest
  2. No pending charges
    No convictions for crimes (indictable offenses or felonies) in New Jersey or other states
  3. No more than five disorderly or petty disorderly violations (including the conviction being expunged)
  4. No prior dismissal of charges through pretrial intervention (excluding disorderly or petty disorderly offenses)
  5. No prior expungements for criminal convictions in New Jersey or other states
    Indictable Offense Convictions
To expunge an indictable offense conviction, the following criteria must be met:
  1. A 5-year waiting period after completing probation, incarceration, and payment of fines (whichever comes last) or a 4-year waiting period with no new convictions and expungement is in the public interest
  2. No pending charges
  3. No convictions for subsequent crimes in New Jersey or other states (unless the other conviction and the case being expunged were part of a single event)
  4. No more than three disorderly or petty disorderly violations
  5. No prior dismissal of charges through pretrial intervention (excluding disorderly or petty disorderly offenses)
  6. No prior expungements for criminal convictions in New Jersey or other states
  7. Certain crimes are not eligible for expungement, including sex crimes, murder, manslaughter, arson, crimes against children, robbery, sale of hard drugs, and others

 

DUIs and Motor Vehicle Offenses

Motor vehicle offenses, including DUIs, are not eligible for expungement in New Jersey.

Marijuana Expungement

Starting in March 2020, New Jersey has modified how marijuana-related convictions are assessed for expungement eligibility. Possession with intent to distribute marijuana or hashish, as well as actual distribution convictions, are now evaluated as disorderly persons offenses for expungement eligibility.

Convictions for possession or use of marijuana or hashish are no longer considered convictions for expungement purposes. There is no limit on the number of eligible marijuana convictions that can be expunged. Furthermore, the court will automatically seal or issue orders of non-disclosure for qualified marijuana-related offenses.

Drug Court Expungement

Since early 2016, under P.L. 2015, c.261, the court is authorized to order the expungement of records related to the completion of a special probation under N.J.S.A.2C35-14, N.J.S.A.2C:35-14.2, or N.J.S.A.2C45-1 upon a person’s successful discharge. If you completed a special probation that included a substance abuse treatment program, you might be eligible to have your record expunged.

Young Drug Offender Expungement

If you were convicted of an offense under chapter 35 (controlled dangerous substances) or chapter 36 (drug paraphernalia) for possession or use of a controlled dangerous substance, convicted of violating 2A:170-77.5 (sale or distribution without a prescription), or convicted of violating 2A:170-77.8 (unlawful use, sale, and possession of legend drugs or stramonium), you may be eligible to have your record expunged.

Conclusion

Clearing your record in New Jersey involves understanding the specific requirements and waiting periods for different types of offenses. Whether you have a dismissed case, completed a diversion program, or have a conviction on your record, expungement options are available to help you achieve a fresh start. It’s essential to review the eligibility criteria and work within the New Jersey legal system to ensure the best possible outcome for your expungement case.