In New Jersey, a misdemeanor is generally referred to as a "disorderly person's offense." New Jersey expressly allows expungement of indictable and disorderly offenses (misdemeanors) under certain circumstances. New Jersey's expungement law applies to complaints, warrants, arrests, commitments, processing records, fingerprints, photos, "rap sheets" and judicial docket records.
2C:52-1. Definition of expungement
New Jersey defines expungement as 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.
Requirements
New Jersey statutes allow expungement of indictable offenses and disorderly offenses if
- the defendant does not have any prior or subsequent indictable offenses; and
- fewer than 3 convicted disorderly offenses when expunging an indictable offense, and fewer than 4 convictions when expunging a disorderly offense.
- All fines must be paid, and a waiting period that begins at the completion of the sentence must be met (5 years for disorderly offenses – 10 years for indictable offenses). Not all offenses are eligible.
The following are the mandatory waiting periods for expungement eligibility:
- For conviction of an indictable offense, ten years after the discharge from probation or parole
- For conviction of a disorderly persons or petty disorderly persons offense, five years after discharge from probation and/or payment of the fine in full
- For conviction of a Municipal Ordinance, two years after discharge from probation and/or has paid the fine in full
- If charges are dismissed, immediate expungement
- If petitioner completes a Pre-trial Intervention and/or a Conditional Discharge program, six months from the date of discharge from probation and/or a successful completion of the program
The statute allows a party when questioned as to whether they have been arrested, convicted or charged with a crime to respond in the negative. If another person reveals that the other person was granted an expungement, the first person can be charged with a criminal offense.
When Can an Expungement Be Revealed?
An expungement can be disclosed if the person applies for a law enforcement job or accepts a position with high security clearance within the State or Federal Government. Additionally, if a person is convicted of a subsequent offense, the court can consider the expunged record in when determining sentencing.
Find an Attorney
If you have a misdemeanor on your record in New Jersey, and the charge was either an indictable or disorderly person's offense (misdemeanor), you may be able to expunge your record under certain circumstances. You must steer clear of any subsequent indictable or disorderly person's offenses to be eligible. Talk with an attorney experience with New Jersey's expungement laws to determine whether you can have your arrest(s) and/or conviction(s) erased from your record.
