Can a Felony Be Expunged From My Record in New Jersey?

Whether or not a felony can be expunged from your record in New Jersey depends on various factors including the nature of your offense, the amount of time that has passed since your conviction, and your overall behavior since the guilty verdict. Speak with a Mercer County expungement lawyer to discuss your rights and conviction.

What is Expungement?

Expungement is a legal process that allows individuals to remove or seal their criminal records from the public. A court-ordered expungement will remove all records of your arrest, related court proceedings, your conviction, the outcome of your case, and any sentencing.

Having an arrest or conviction expunged can provide individuals with a second chance and allow them to move on from their mistakes. It is important to keep in mind that expungement does not erase the fact that the offense occurred, it simply restricts access to the records. If your crime is expunged a landlord or employer will not see records of the conviction on a background check. However, courts, government agencies, and corrections departments may still have access to the information for certain purposes.

Can a Felony Ever Be Expunged in NJ?

The term “felony” is not used in New Jersey legislation. Instead, a comparable term is “indictable crime” or more simply, “crime.” In NJ most indictable crimes can potentially be expunged, but not all will be eligible.

The following crimes will never be expunged from an individual’s criminal record.

• Murder
• Manslaughter
• Kidnapping
• Human trafficking
• Sexual assault
• Arson
• Armed robbery
• Endangering the welfare of a child
• Child pornography
• Perjury

The above and more can never be removed from a criminal record. Speak with an attorney to learn more.

When Can My Crime Be Expunged?

New Jersey state law has specific eligibility criteria that must be met for the expungement of indictable crimes. The following are some requirements that can determine whether or not the offense can be expunged.

1. The amount of time that has lapsed: Individuals must generally wait a certain period before they are eligible to apply for expungement. Most indictable crimes have a waiting period of 10 years after the conviction or date of release.
2. Completion of sentence: To be eligible for expungement, all of the terms of the sentence must be complete. This includes probation, parole, and jail time.
3. No criminal charges: The applicant must currently have no pending criminal charges and not be serving time for another offense.
4. Nature of the offense: As established, whether or not the crime is eligible for expungement depends on what the crime was. Refer to the above list to determine whether or not the nature of your offense allows you to apply for expungement.
5. Criminal history: In New Jersey, individuals can only ever have one indictable offense expunged from their record. Depending on prior arrests or convictions individuals may not be eligible to apply for expungement.

Reach out to an attorney with any questions regarding your eligibility for expungement.