Expungement Attorney

Burlington NJ Expungement Lawyer

Expungements in New Jersey – N.J.S.A. 2C:52-1; et. al.
Expunging a criminal record in New Jersey can offer a fresh start, but it’s only available under specific circumstances outlined by state law. The process generally involves submitting a Verified Petition for Expungement to the Superior Court in the county where the charges occurred—such as Burlington County. In some cases, individuals may apply for expungement after charges are dismissed.

Expungement can be essential for:

• Employment background checks
• Firearms Purchaser Identification Card applications
• Opportunities in law enforcement or government positions
• Any situation where a clean record is beneficial

A well-prepared petition and accurate documentation are crucial for a smooth and successful expungement process.

Key Amendments to Expungement Law (Effective January 19, 2016):

1. Drug Court Expungements

Under N.J.S.A. 2C:35-14, individuals who successfully complete New Jersey’s Drug Court program (now called Recovery Court) may qualify for full expungement of prior arrests, charges, and convictions. This applies if:

• The individual completed substance abuse treatment
• No crimes were committed during the probation period

Highlights:

• No filing fee is required
• Standard expungement procedures (like verified petitions) do not apply
• The court generally grants expungement unless public safety concerns exist

If granted, the order is shared with the prosecutor, the individual, and the Public Defender (if applicable). The individual or the Public Defender must then ensure all agencies with related records receive the expungement order.

However, if the person is convicted of any crime after the expungement, all records can be restored, and future expungement becomes unavailable.

2: Expunging Criminal Convictions in NJ

New Jersey law allows the expungement of certain crimes after:

• 10 years from the most recent conviction, completion of probation/parole, or release from incarceration, whichever is later
• 5 years if the court finds it’s in the public interest (“early pathway” option)

Additionally, up to two disorderly persons or petty disorderly persons convictions can be included in the same petition.

3: Expungement of Disorderly Persons Offenses

Individuals can expunge up to three disorderly persons or petty disorderly persons convictions, but each requires its own verified petition.

Eligibility timelines:

• 5 years from the most recent conviction or completion of sentence
• 3 years with a “public interest” finding

If the individual has a criminal conviction, all eligible offenses must be addressed together under N.J.S.A. 2C:52-2.

4: Expungement of Arrests Not Leading to Conviction

If charges were dismissed, the individual was acquitted, or the case was discharged without a conviction, the court must expunge the record upon request.

Key Points:

• No filing fee is required
• The municipal court can provide documentation for Superior Court submission if the original case was handled there
• Expungement isn’t available if the dismissal was part of a plea agreement—unless the related conviction has since been expunged

5: Use of Expunged Records

Although expunged records are generally sealed, certain agencies can access them for specific legal purposes, such as pretrial release assessments.

Interested in learning more about expungements in Burlington County?
Call the Law Office of Nicholas A. Moschella, Jr., LLC at (609) 875-2775 for a free consultation.

6: Charges Not Eligible for Expungement in New Jersey

Not all criminal charges in New Jersey can be expunged. The following offenses are permanently ineligible for expungement:

1. Violent Crimes

• Murder (N.J.S.A. 2C:11-1), except Death by Auto (N.J.S.A. 2C:11-5)
• Manslaughter (prior to 1979)
• Treason and Anarchy
• Robbery (N.J.S.A. 2C:15-1)
• Arson & Related Offenses (N.J.S.A. 2C:17-1)

2. Kidnapping & Related Offenses

• Murder (N.J.S.A. 2C:11-1), except Death by Auto (N.J.S.A. 2C:11-5)
• Kidnapping (N.J.S.A. 2C:13-1)
• Luring or Enticing a Child (N.J.S.A. 2C:13-6)>
• Human Trafficking (N.J.S.A. 2C:13-8)

3. Sexual Offenses

• Sexual Assault or Aggravated Sexual Assault (N.J.S.A. 2C:14-2)
• Aggravated Criminal Sexual Contact (N.J.S.A. 2C:14-3a)
• Criminal Sexual Contact (if the victim is a minor) (N.J.S.A. 2C:14-3b)
• Child Pornography (N.J.S.A. 2C:24-4b(4) & (5))
• Causing or Permitting a Child to Engage in a Sexual Act (N.J.S.A. 2C:24-4b(3))
• Promoting the Prostitution of One’s Child (N.J.S.A. 2C:34-1b(4))

4. Public Safety & Terrorism-Related Offenses

• Terrorism (N.J.S.A. 2C:38-2)
• Possession or Use of Chemical, Biological, or Nuclear Weapons (N.J.S.A. 2C:38-3)

5. Perjury & Corruption

• Perjury (N.J.S.A. 2C:28-1)
• False Swearing (N.J.S.A. 2C:28-2)
• Abuse of Public Office – Crimes committed by public officials that “touched” their office are ineligible.

6. Certain Drug Offenses

• Major Drug Distribution Charges – Convictions for selling or distributing drugs, or possession with intent to sell, are generally ineligible unless:
• Marijuana: Involves 25 grams or less
• Hashish: Involves 5 grams or less
• Third & Fourth-Degree Drug Offenses: May be expunged if a court finds it in the public interest after considering the offense and the petitioner’s conduct post-conviction.

7. Certain Convictions Prior to September 1, 1979
Expungement is not allowed for convictions before this date for crimes such as:

• Murder
• Manslaughter
• Treason
• Anarchy
• Kidnapping
• Rape
• Forcible sodomy
• Arson
• Perjury
• False swearing
• Robbery
• Embracery or a conspiracy or any attempt to commit same
• Aiding, assisting or concealing persons accused of the foregoing crimes

C:52-2 Indictable Offenses Expungement Eligibility

a. Eligibility for Expungement Application
A person may apply to the Superior Court for expungement if they meet the following criteria:

• 1. Single Conviction: The person has one criminal conviction and no subsequent convictions for other crimes, whether in New Jersey or another jurisdiction. Previous expunged convictions do not prevent applying for expungement for the current conviction, subject to the denial conditions in subsection e of N.J.S.2C:52-14.
• 2. One Crime + Minor Offenses: The person has one crime conviction along with no more than three disorderly persons or petty disorderly persons offenses. The person also has no additional convictions for crimes or offenses that would exceed three total convictions for disorderly or petty disorderly offenses.
• 3. Multiple Convictions in One Judgment: The person has multiple convictions for crimes and/or disorderly offenses listed in a single judgment. They also have no additional convictions not listed in that judgment.
• 4. Related Offenses: The person has multiple crimes or a combination of crimes and offenses that are closely related and committed within a short time frame, with no subsequent convictions after the offenses listed in the expungement application.

b. Ineligible Offenses
Expungement will not be granted for convictions involving serious crimes, such as:

• Murder, manslaughter, kidnapping, sexual assault, robbery, and related crimes.
• Crimes involving a public office or position.
• Certain drug-related crimes, including those involving controlled substances like marijuana and hashish, except under specific conditions outlined in subsection c.

c. Drug Offenses
Expungement is not available for convictions related to the sale or distribution of controlled substances, except for specific circumstances:

• Marijuana: Less than one ounce sold, distributed, or possessed with intent to sell.
• Hashish: Less than five grams sold, distributed, or possessed with intent to sell.
• Compelling Circumstances: For certain third or fourth-degree drug offenses, the court may grant expungement if compelling circumstances are present.

d. Special Conditions for Medical Professionals
If the applicant is a licensed physician or podiatrist convicted of drug or alcohol-related offenses, they must notify the State Board of Medical Examiners upon applying for expungement. Failure to notify the board or provide required certification may lead to the denial of the expungement application.

Legal Assistance for Expungement Applications in Bordentown Township

Proper preparation of the expungement petition, supporting documents, and notification to relevant parties is crucial for the successful handling of your case. For a free consultation about your eligibility or to start the process, call the Law Office of Nicholas A. Moschella, Jr., LLC