How to "Clear" Your Criminal Record or File for an Expungement

What is An Expungement?

An expungement is the legal process of “cleaning” your criminal records.  The purpose of an expungement is to “erase” the negative things that happen in your past since a criminal record can often hinder your future and your ability to secure a job.  Many of the more common criminal offense can be expunged such as, petty theft, shoplifting, possession of marijuana, disorderly persons offenses, petty disorderly persons offenses, township ordinance and even arrests.  In fact, even some indictable offenses that are felonies can be expunged.  Understandably, not all felony and misdemeanor charges can be cleared from your New Jersey criminal record. Arrests and/or criminal convictions must meet certain guidelines in order for it to be expunged from your record. In every case, an individual seeking expungement in New Jersey must not be on probation, serving a sentence for any offense, nor have any new criminal charges pending.

How Long is the Wait Before a Record "erased" or "expunged"?

All convictions require a waiting time before you can seek an expungement.  Dismissals also will require a waiting time if the dismissal resulted from successful completion of a diversion.  Below is a helpful chart outlining the waiting time prior to filing for an expungement:

Are Expunged Criminal Records Destroyed?

No, expunged records are not destroyed.  Rather, they are segregated.  That means that they are moved to special locations for expunged records.  When ordinary record searches are made, records kept in these special locations are not accessed.  Thus, the results of this ordinary search will show that there are “No Records.”

Why Don’t They Simply Destroy Expunged Records?

The New Jersey expungement statutes contain provisions under which expungements are not effective.  These provisions include situations where a person is applying for employment with a law enforcement agency, or where a person is applying for employment in the judicial branch of government, or where a person is seeking a conditional discharge after having had a dismissal from a previous conditional discharge expunged, or on sentencing for convictions for new offenses following the expungement. Thus, records need to be “stored” in these special locations in case they need to be accessed in the future.  

Can Anyone Expunge his Criminal Record?

No, whether someone is eligible for an expungement is determined by the law of the state where the event occurred.  Thus, a person who qualifies for an expungement in one State may not qualify in New Jersey, since the law in each state is different.  In New Jersey, the determination of who qualifies is quite complicated.  There are various factors that need to be considered to expunge a criminal record.  These factors include:

1. Is the expungement for just an arrest or for an arrest and conviction?
2. If there was a conviction, what was the conviction for?
3. How many times has the person been arrested and/or convicted?
4. When was the arrest and/or conviction?
5. What was the sentencing?
6. Were all the fines paid in full and when were they paid?
7. Has the person seeking an expungement ever had an expungment in the past?
8. Are there any charges that are still pending?
9. Are you currently serving a sentence or on probation?

Can I Get My DWI (Driving While Intoxicated) Charged Expunged?

No.  Driving while intoxicated is classified in New Jersey as a motor vehicle offense.  Motor vehicle defenses are defined in Title 39 of New Jersey Statutes.  One of the New Jersey expungement statutes specifies that offenses defined in Title 39 cannot be expunged.  For that reason, as the law stands to date, a DWI conviction cannot be expunged, regardless of how much time has passed.

I was arrested for possessing a small amount of marijuana and received a conditional discharge.  After I successfully completed my probation, the charge was dismissed.  Will an expungement be of any benefit?

Since your charge was dismissed, you have no record of a conviction.  However, the original arrest remains on your record.  It will never go away. An arrest record can cause a prospective employer to hire someone else equally (or less) qualified, instead of you.  Discrimination against persons with an arrest record may be unfair, but it nevertheless exists.  In order for your marijuana charge to not show up, you must have your arrest record expunged.

How Long Does it Take to Expunge a Criminal Record?

Typically, the time to obtain the order of expungement after the necessary papers are filed with the Court is about three (3) months.  However, in some Counties in New Jersey this waiting time could be slightly longer.

Should I Delay in Contacting an Attorney Until the Waiting Period is Over?

No. The sooner you begin the process, the better.  In order to prepare the necessary expungement application, there are several key documents that must be obtained from the police, the courts or from other another outside sources.  Thus, waiting will not be to your benefit as this information requires time to obtain.  While your waiting period is running, your attorney can gainfully use this time to collect all necessary information.  In that way, as soon as the necessary waiting period is over, your attorney can file the papers with the court as soon as possible.

Who Should I Contact to Get the Expungement Process Started?

The expungement process can be quite technical.  In most cases, it is best accomplished through contacting an attorney who handles these type matters.  Although some attorneys may charge for an evaluation of your case, the Law Office of Brian Goldenfarb has agreed to provide a FREE consultation to help determine if you or someone you know is eligible for an expungement.  Brian Goldenfarb can be reached at (732) 514-6655 or directly by clicking here.