Opportunities are lost every day for people who have had interaction with the criminal justice system. In a competitive job market, employers utilize background checks to limit the field of applicants. Despite superior qualifications, job interviews may be not come to fruition if you have been arrested or convicted of a crime even though your past involvement with the law is not indicative of your moral character. Additionally, other areas of your life may be affected such as your right to own a firearm and your right to vote. Fortunately, the New Jersey Legislature and New Jersey Courts have recognized the collateral consequences imposed on otherwise law abiding citizens and provided relief to offenders looking for an opportunity to move beyond their past indiscretions.
What is an expungement? An expungement is the "extraction and isolation of all records on file within any court, detention or correctional facility, law enforcement or criminal justice agency concerning a person's detection, apprehension, arrest, detention, trial or disposition of an offense within the criminal justice system." Basically, the information is sealed and segregated. Except under limited exceptions (job applications in law enforcement and for legal and government positions) , if an Order of expungement is granted, the arrest, conviction, and any other related proceedings shall be deemed to have not occurred. Therefore, if you are asked on an application if you have ever been arrested or convicted of a crime, and the incident has been expunged, you can lawfully answer "no." Background checks conducted by the State Police will turn up no record of the expunged event. Additionally, an individual who knowingly reveals the existence of an expunged matter to another individual is guilty of a disorderly person offense.
The following list reflects expungement eligibility. Eligibility is determined from date of conviction, payment of fine, satisfactory completion of probation or parole, or release from incarceration, whichever is later.
Arrest with dismissed charges/no charges - Immediately
Arrest with a diversionary program (PTI/Conditional Discharge) - 6 months
Municipal Ordinance violation - 2 years
Disorderly Person offense or Petty Disorderly Person offense - 5 years
Juvenile Delinquent Adjudication - 5 years
Conviction under Young Drug Offender exception - 1 year
Criminal Conviction (certain crimes) - 10 years (Eligible in 5 years for certain crimes if Court determines expungement is in the interest of justice)
Certain crimes are not expungeable and you may become ineligible for an expungement if you are a repeat offender. Also, motor vehicle violations are not expungeable. However, the New Jersey Legislature has the ability to alter or amend the expungement law. In fact, a 2010 amendment broadened the scope of the convictions which are eligible for expungement. Therefore, if you are currently ineligible for an expungement, the law may change in the future.
There is a high volume of expungement applications currently backlogged in the Superior Court. Presently, an expungement application in most counties in New Jersey will take up to six months from the date of filing to dispose of, even if there are no objections to the entry of the Order. Therefore, it is never too early to start planning for your expungement. If you are interested in obtaining an expungement, you should contact a qualified attorney to determine your eligibility.
