Criminal Expungement in New Jersery
When a criminal record is expunged an order is signed by a judge in the Law Division of the Superior Court of New Jersey advising all courts and law enforcement agencies who might have the subject record to place your criminal records or records into a special section where information can not be obtained as a consequence of an inquiry about your criminal record, unless authorized by a court.
The order also provides that the law enforcement agencies and courts are to advise anyone inquiring about you that you have no criminal record.
The order also advises that the defendant whose record is expunged may lawfully respond to inquiries about his criminal record by answering that he has none, neither arrests nor convictions for criminal or quasi criminal offenses.
Not every offense can be expunged. A conviction for operating a motor vehicle while under the influence of alcohol or drugs cannot be expunged. Offenses such as endangering the welfare of a minor cannot be expunged. Additionally, no more than two criminal records, involving separate offense can be expunged.
There are specific periods of time which must expire after the last event of the criminal or quasi criminal matter before the petition for expungement can be filed with the Superior Court of New Jersey. For a municipal ordinance violation the period is two years. For a disorderly persons or quasi criminal offense the period is five years. For a criminal matter, one with a maximum, possible jail or prison sentence of more than six months, the period of time is ten years.
The events which must have occurred before the time period starts to run are the payment of a fine, in full, the service of a jail or prison sentence, in full, and the successful completion of a period of supervision by a probation officer, which is known as probation.
From the filing of the petition for expungement to the entry of the expungementorder no more than four months pass, unless there is an objection to the proposed expungement which requires a hearing on same.