Handbook on expungement law and procedures providing valuable information for Attorneys and their Clients.
New Jersey Expungement Handbook - Procedures and Law
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FAQ
As opposed to expungement, sealing your criminal record does not erase it completely. Instead, a sealed record becomes much more difficult for certain parties to access.
Do I need a lawyer to file a petition for expungement? The court system can be confusing, and it is a good idea to get a lawyer if you can. If you cannot afford a lawyer, you can contact the legal services program in your county to see if you qualify for free legal services.
Under New Jersey's new Clean Slate expungement provisions, you can have your entire criminal record expunged ten years after you've completed your sentence and paid all fines. You may have previously been unable to expunge a conviction because you had something expunged earlier or had multiple indictable offenses.
Does it cost to file for an expungement? Yes. In New Jersey, filing a petition for expungement carries a $75 filing fee.
It will allow individuals to clear an entire record of arrests and convictions 10 years after their most recent conviction, payment of fine, satisfactory completion of probation, or parole or release from incarceration, whichever comes later.
An eligible person must prepare and file a Petition for Expungement. The Petition for Expungement must be filed in the Superior Court in the county where the arrest or prosecution took place. A judge then decides whether the person should be granted an Expungement Order.
Normally, an expungement could take up to one year from start to finish. However, the courts and New Jersey State Police have a backlog of petitions, making the final step in the process take longer. Right now, the entire process of expungement in New Jersey can take up to two years.
Compelling circumstances may include job training, education, employment, community involvement, or sports participation opportunities. You can expunge up to five disorderly persons offenses, including petty disorderly offenses, five years after completing supervision, and fine payment.