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If you're considering expunging your criminal record in New Jersey, several important factors will determine your eligibility. Firstly, the type of offense you wish to expunge is crucial. Secondly, the total number of convictions you have matters, rather than just arrests. Lastly, the duration since your last offense plays a key role.

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Step 1 - Offense Location:  This process applies exclusively to offenses that occurred within New Jersey. For incidents outside the state, you will need to consult a lawyer familiar with that jurisdiction. Currently, federal charges also cannot be expunged under New Jersey law.

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Step 2 - Ineligibility Criteria:  Certain serious crimes are permanently ineligible for expungement. If you have been convicted of any of the following offenses, you will not be able to clear them from your record:

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• Criminal Homicide (except death by auto)

• Kidnapping

• Luring or Enticing

• Human Trafficking

• Aggravated Sexual Assault

• Aggravated Criminal Sexual Contact

• Criminal Sexual Contact

• Criminal Restraint

• False Imprisonment

• Robbery

• Arson and Related Offenses

• Endangering the welfare of a child

• Causing or permitting a child to engage in a prohibited sexual act

• Selling or manufacturing child pornography

• False Swearing

• Knowingly promoting the prostitution of one’s child

• Terrorism

• Producing or Possessing Chemical Weapons, Biological Agents, or Nuclear or Radiological Devices

• Conspiracy or attempts related to any of the above

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Step 3 - Number of Offenses: If your convictions do not fall into the ineligible categories, you may proceed with expungement. However, the number of offenses will influence your waiting period.

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• Single Offense: After five years from completing probation, parole, or a custodial sentence for a felony conviction, you may expunge one felony and up to three disorderly persons offenses. Without any felony convictions, you can expunge up to four disorderly persons offenses. Note that felonies are handled in Superior Court, while disorderly persons offenses typically go through Municipal Court.

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• Multiple Offenses: Under N.J.S. 2C:52-5.3, individuals may now qualify for a “clean slate” expungement, allowing them to expunge an unlimited number of qualifying felony convictions if more than ten years have passed since completing their sentence.

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• Municipal Court Violations: If you have no felony convictions, you can expunge four disorderly persons/misdemeanor offenses after a three-year waiting period post-sentence completion. If you have one felony conviction, you may expunge three disorderly persons offenses in the same timeframe. A “clean slate” expungement for disorderly persons offenses allows unlimited expungements after ten years.

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Step 4 - Waiting Period for Expungement:  As of 2018, New Jersey has shortened the waiting period to five years for expungement of felonies and disorderly persons offenses. For a “clean slate” expungement, the waiting period is ten years. This period begins after you have completed your prison sentence, any probation or parole, paid restitution, and fulfilled other requirements like community service. Additionally, there should be no pending charges against you.

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Early expungement is also an option. The “early pathway expungement” law enables individuals to reduce the waiting period to five years for felonies and three years for disorderly persons offenses if certain criteria are met:

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1. At least five years have passed since completing your sentence for your last felony, or three years since your last misdemeanor.

2. You have not been convicted of any crime or disorderly persons offense since your most recent conviction.

3. The court finds that expungement serves the public interest.

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Note that an “Early Pathway” Expungement is not guaranteed; the court must be convinced of your rehabilitation and growth since your conviction. Serious offenses will require more compelling evidence for consideration.

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If you believe you meet these criteria or have questions about your eligibility, please reach out to Attorney J. Brooke Hern for a complimentary phone consultation.