Yes, New Jersey law allows some felony convictions to be expunged if you meet specific requirements.
According to § 2C:52-1. Definition of expungement, the main reason behind New Jersey’s expungement laws is to help people who have made mistakes in the past get a fresh start. By clearing records, the law tries to remove some of the negative consequences of old convictions (N.J. Div. of Child. Prot. v. A.P., 258 N.J. 266).
Expungement can improve your chances of finding a good job or renting a home because many employers and landlords do background checks. It can also help you feel like your past no longer defines you.
However, it’s important to remember that not all felonies are eligible. Some serious crimes—like certain violent offenses—cannot be erased (see § 1.22 Understanding Effect of Expungement on Civil Collateral Consequences). If you’re unsure whether your specific offense qualifies, think about setting up a lawyer consultation.
Factors Influencing Felony Expungement
Several factors can influence whether you can expunge a felony in New Jersey. Court decisions like In re P.H., 436 N.J. Super. 427 explain that the law has strict guidelines for which felonies can be cleared.
Below are some of the main points:
- Type of Offense: Some felonies are excluded from expungement by statute. Murder or sexual assault, for instance, are almost never allowed to be wiped from your record.
- Time Passed: There is a waiting period. You often have to complete your sentence first, including probation or parole, and then wait a certain number of years before applying. The length of time can depend on the degree of your offense.
- Any Other Convictions: If you have multiple convictions, it might be harder to qualify. However, some rules let you expunge more than one offense if conditions are met.
- Law-Abiding Period: Courts want to see that you haven’t gotten into legal trouble after your felony. Leading a responsible life for a set number of years helps show you’re unlikely to reoffend.
- No Pending Charges: You generally cannot apply for expungement if there are new criminal charges against you. You need a clean slate from current investigations or prosecutions.
- Public Safety Concerns: If the state believes expunging your record might pose a risk to the community, or if your offense is one the law specifically bars from removal, you likely won’t succeed.
If you meet these factors, you have a chance. But if you fail to meet them, the state can oppose your request by showing a statutory bar or that your petition should not be granted (In re P.H., 436 N.J. Super. 427). A local New Jersey lawyer can help you figure out if you’re eligible under New Jersey’s rules on felony expungement.
Which Felonies Can Be Expunged?
New Jersey allows many, but not all, felonies to be cleared. The state lumps crimes into degrees. Generally, if your felony is not on the “serious” list, you might be able to expunge it after meeting conditions. Examples might include certain property crimes or lesser drug offenses, but it depends on the specifics of your case.
According to § 1.22 Understanding Effect of Expungement on Civil Collateral Consequences, violent and serious offenses like murder, kidnapping, and sexual assault remain ineligible. If you’re unsure, it’s wise to consult with an attorney who knows the law in detail.
To figure out your eligibility, you usually start by examining the relevant statutes and seeing if your crime is specifically disqualified. Then, you check the waiting period. For many felonies, you must wait five or six years from the completion of your sentence (this might include parole or probation) before applying. However, some laws might reduce or extend the wait based on the category of the crime.
Also, keep in mind that if you have multiple felonies, your chance might be lower, but it depends on the circumstances. If you only had one felony, or you had one felony and a few lesser offenses, you could still qualify. But if you have multiple serious felonies, that’s likely a deal-breaker.
The Process of Expunging a Felony
Expunging a felony in New Jersey involves preparing and filing a petition with the court. The steps can be summarized as follows:
- Gather Records: You must get your complete criminal history, including case numbers, arrest dates, and final judgments. This ensures the court has the full picture of your case (N.J. Div. of Child. Prot. v. A.P., 258 N.J. 266).
- Complete the Forms: You file a formal petition for expungement. This includes details about each offense you want cleared, when they happened, and any sentences you served. You also have to state that you meet the statutory conditions and that your crime is not barred from expungement.
- Serve Notice: You typically must notify certain government agencies, like the county prosecutor’s office and the state police. They have the chance to object if they believe you’re not eligible or if your crime is too serious.
- Attend a Hearing (if required): Some cases don’t need a hearing, but if there are objections, the court may schedule one. You’ll attend to explain why you meet all the requirements. The state can present reasons why your request should be denied. Ultimately, the judge decides if the petition is granted.
- Court Order and Distribution: If the judge agrees to expunge your record, they issue an order. This order compels agencies that have your criminal record—like local police or the prosecutor’s office—to remove it from public files. Instead, they must store it in a separate place, not accessible in routine background checks (In re P.H., 436 N.J. Super. 427).
- Follow-Up: A few weeks after the court order, confirm that relevant agencies have complied. Mistakes can happen, so it’s good to verify your record was indeed expunged from databases.
Because errors or incomplete details can delay or ruin your case, many people find it best to hire a local New Jersey lawyer who is familiar with expunging a conviction in New Jersey. A lawyer can ensure you file everything correctly and meet deadlines.
If a Felony Is Expunged, Does That Mean It Is Totally Erased From My Record?
When a felony is expunged in New Jersey, state law says that the arrest, conviction, and related proceedings are considered “not to have occurred.” You can generally answer “no” if an employer asks if you’ve been convicted (Y.H. v. T.C., 475 N.J. Super. 107). But an expungement doesn’t always erase every trace. Some important nuances:
- Availability to Law Enforcement: Even after expungement, certain agencies—like prosecutors, courts, or probation—can still see your record. This is mainly to help with bail decisions, pre-sentencing reports, or if you get charged with another crime.
- Not Automatic for Federal Checks: Sometimes, federal agencies and out-of-state systems might still show your record. That’s because federal databases might not fully update with the state’s expungement.
- Use in Future Sentencing: If you are convicted of a new crime later, the judge may consider your expunged felony to some degree, especially if the new offense is serious.
- Civil Collateral Consequences: Under § 1.22 Understanding Effect of Expungement on Civil Collateral Consequences, the effect on things like professional licenses can be complex. You might still have to disclose your past if a licensing board or other legal requirement demands it.
So, while the law’s goal is to treat an expunged felony as if it never happened, some situations require or permit the courts or certain agencies to review expunged information. For everyday background checks—like job applications or housing—your conviction likely won’t appear, giving you a better chance to move forward in life.
Which Felonies Are Not Eligible for Expungement?
New Jersey law draws a line at certain serious crimes. As noted above, violent and high-level offenses usually cannot be erased. Examples commonly excluded include:
- Murder: Taking another person’s life is too grave for the law to allow it to be hidden.
- Kidnapping: Abducting someone is also considered extremely severe.
- Sexual Assault: Offenses that involve major harm to victims are generally excluded.
- Robbery with a Weapon or Carjacking: If it’s a violent act involving lethal force, it’s likely ineligible.
Additionally, repeated felony convictions or convictions for official misconduct also might not be cleared. If your felony is one of these, it’s usually barred from expungement. If you are uncertain, it’s wise to consult with an attorney so they can confirm whether a statutory bar exists. If your crime is disqualified, that means you cannot file for expungement at all, no matter how much time has passed or how good your life has been since.
Keep in mind that the laws do change from time to time, so occasionally, New Jersey has updated or expanded the list of ineligible offenses. By talking to a lawyer or checking official sources, you’ll know if your crime still is disqualified.
Do I Need an Attorney for Help With Felony Expungement?
If you’re unsure about your eligibility or find the process overwhelming, consider speaking with a New Jersey expungement lawyer through LegalMatch. A local New Jersey lawyer can evaluate your background, let you know if your offense qualifies, and guide you through each step. Because the law often changes or has special rules, a consultation with an attorney offers the best chance to get that fresh start you’re hoping for.
