Erasing a past criminal record in New Jersey just became quicker!
by
David Polsky on May. 31, 2018
Criminal Criminal Felony Criminal Misdemeanor
Summary: An Expungement (erasing a past criminal record) is allowed in New Jersey under certain guidelines. Under N.J.S.A. 2C: 52-1 a mechanism has been put in place to allow someone with a criminal record or arrest to remove this information from public viewing. Once granted by a Superior Court Judge, you will be allowed to legally answer no to the dreaded question “Have you ever been arrested or convicted of any crime?”, and this past record will not come up in a background check.
Erasing a past criminal record in New Jersey just became quicker!
An Expungement (erasing a past criminal record) is allowed in New Jersey under certain guidelines. Under N.J.S.A. 2C: 52-1 a mechanism has been put in place to allow someone with a criminal record or arrest to remove this information from public viewing. Once granted by a Superior Court Judge, you will be allowed to legally answer no to the dreaded question “Have you ever been arrested or convicted of any crime?”, and this past record will not come up in a background check.
New Jersey had previously allowed expungements in felony charges (indictables) after a 10-year wait period, and misdemeanors (disorderly persons) after a five-year wait. However, on January 19, 2016, Governor Christie signed a new law into effect, starting April 19th 2016, which can cut this waiting time down substantially.
Under the new law, a criminal offender for a felony level charge may petition the Court for expungement after 5 years have elapsed from the date of conviction, payment of fine, completion of probation or parole, or release from incarceration, whichever is later. Similarly, the time period for those with records of disorderly persons offenses now only must wait 3 years. To permit expungement at the newly-reduced waiting period, the Court must be satisfied that “expungement is in the public interest, giving due consideration to the nature of the offense, and the applicant's character and conduct since conviction.”
This new law is a “game changer” for someone who is seeking employment, trying to get accepted into a school, seeking a professional license, applying for a loan, mortgage, or rental apartment, seeking a gun permit, or many other scenarios where a background check can be the difference between obtaining your goal or being rejected. Often, something as minor as a past arrest for marijuana when you were young can be holding you back from school or employment opportunities.
Remember this, not all criminal matters can qualify for an expungment. Such offenses as murder, rape, arson and other crimes that are deemed “so serious of nature” can never be expunged. Also, there is a limit on how many offenses can be erased from your record.
If you or a loved one has a past arrest or conviction in New Jersey call me for a free consultation at (973) 686-9787. I will be happy to go over your matter and let you know if your record can be erased.