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Expungements – Current Law
Intro: This article outlines the potential benefits of obtaining an expungement and the general statutory purpose of the statute. Further, the article details the statutory requirements that a petitioner must meet in order for a petition to be approved, based on the degree of the charge or conviction to be expunged. Lastly, the article addresses whether the requirements serve the policy goals underlying the statute.
Who would benefit from an expungement? Everyone wants a clear record. Even more, many need a clear record, including all job applicants, immigration applicants, and persons who recognize the importance of having a clean record on file. Further, previous convictions may limit a person’s right to vote or purchase a firearm. Fortunately, an expungement is readily available, and with the help of an attorney, fairly easy to obtain.
An “expungement” is the “extraction and isolation of all records on file” in courts, police stations, and many other law enforcement facilities. N.J.S.A. §2C:52-1(a). If a court grants a petition for expungement, all records, including arrests, complaints, warrants, processing records, photographs, “rap sheets”, and other documents will be “deemed not to have occurred.” N.J.S.A. §2C:52-1(b); N.J.S.A. §2C:52-27.
The requirements for an expungement depend on the type of crime or violation committed.
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If the petitioner committed a crime, he or she may have the crime expunged after ten years following the completion of the sentence or payment of a fine if: (i) the crime is not excluded under the statute; (ii) there is no other criminal conviction; (iii) the petitioner has no more than two disorderly persons or petty disorderly persons violations; (iv) and the petitioner was not a public official with the crime relating to the office. N.J.S.A. § 2C:52-2.
An accelerated expungement is allowed after only five years of completion of the sentence or payment of the fine if: (i) the crime is not excluded under the statute; (ii) the petitioner has no other criminal conviction; (iii) the petitioner has no subsequent criminal conviction, disorderly persons or petty disorderly persons violations following the crime; and (iv) the court finds the expungement in the public interest. N.J.S.A. §2C:52-2.
Lesser convictions are expungeable too. Disorderly persons and petty disorderly persons violations may also be expunged after five years from completion of a sentence or payment of a fine. N.J.S.A. §2C:52-3. The record may be expunged, so long as the petitioner was never convicted a crime, and there were no more than three disorderly persons or petty disorderly persons violations expunged. Id. Similarly, an ordinance violation, or multiple ordinance violations may be expunged if there is no prior or subsequent criminal conviction, and no more than two disorderly persons or petty disorderly persons violations expunged. N.J.S.A. 2C:52-4. This may be done two years after the fine was payed. Id.
Besides actual convictions, arrest records not resulting in a conviction may also be expunged. These may almost always be expunged, except for a few limited circumstances.
If a petitioner was charged with crimes as a juvenile, separate rules apply, but allow for slightly more flexibility in allowing the record to be expunged. Similarly, for one-time drug offenders under the age of twenty-one, an allowance for an expungement after one year from payment of a fine or completion of a sentence is allowed.
Any of the above applications may be denied, however, for several reasons. If there is pending litigation concerning the crime, it is not expungeable. N.J.S.A. §2C:52-14. Moreover, if there was a dismissal for the charge in question after a supervisory treatment program, the charge will most likely not be expungeable. Id. Also, the prosecutor of the county in which the violation occurred may object to the expungement, and a hearing may be held to determine whether the expungement is in the public interest. Id.
These requirements and restrictions strike a fair balance between the interest of a petitioner and the societal need to discover public records. Each of statutory provision furthers the legislative purpose of providing one-time offenders or a few, isolated incidents to be expunged; it fosters the goal of avoiding repeat offenders from abusing a statute to obtain a clean record. In short, the statutory framework is fair, straightforward, and effective.
Taylor R. Ward, Esq.
Law Offices of Angelo R. Bianchi, LLC
CALL NOW to receive a free consultation
Intro: This article outlines the potential benefits of obtaining an expungement and the general statutory purpose of the statute. Further, the article details the statutory requirements that a petitioner must meet in order for a petition to be approved, based on the degree of the charge or conviction to be expunged. Lastly, the article addresses whether the requirements serve the policy goals underlying the statute.
Who would benefit from an expungement? Everyone wants a clear record. Even more, many need a clear record, including all job applicants, immigration applicants, and persons who recognize the importance of having a clean record on file. Further, previous convictions may limit a person’s right to vote or purchase a firearm. Fortunately, an expungement is readily available, and with the help of an attorney, fairly easy to obtain.
An “expungement” is the “extraction and isolation of all records on file” in courts, police stations, and many other law enforcement facilities. N.J.S.A. §2C:52-1(a). If a court grants a petition for expungement, all records, including arrests, complaints, warrants, processing records, photographs, “rap sheets”, and other documents will be “deemed not to have occurred.” N.J.S.A. §2C:52-1(b); N.J.S.A. §2C:52-27.
The requirements for an expungement depend on the type of crime or violation committed.
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If the petitioner committed a crime, he or she may have the crime expunged after ten years following the completion of the sentence or payment of a fine if: (i) the crime is not excluded under the statute; (ii) there is no other criminal conviction; (iii) the petitioner has no more than two disorderly persons or petty disorderly persons violations; (iv) and the petitioner was not a public official with the crime relating to the office. N.J.S.A. § 2C:52-2.
An accelerated expungement is allowed after only five years of completion of the sentence or payment of the fine if: (i) the crime is not excluded under the statute; (ii) the petitioner has no other criminal conviction; (iii) the petitioner has no subsequent criminal conviction, disorderly persons or petty disorderly persons violations following the crime; and (iv) the court finds the expungement in the public interest. N.J.S.A. §2C:52-2.
Lesser convictions are expungeable too. Disorderly persons and petty disorderly persons violations may also be expunged after five years from completion of a sentence or payment of a fine. N.J.S.A. §2C:52-3. The record may be expunged, so long as the petitioner was never convicted a crime, and there were no more than three disorderly persons or petty disorderly persons violations expunged. Id. Similarly, an ordinance violation, or multiple ordinance violations may be expunged if there is no prior or subsequent criminal conviction, and no more than two disorderly persons or petty disorderly persons violations expunged. N.J.S.A. 2C:52-4. This may be done two years after the fine was payed. Id.
Besides actual convictions, arrest records not resulting in a conviction may also be expunged. These may almost always be expunged, except for a few limited circumstances.
If a petitioner was charged with crimes as a juvenile, separate rules apply, but allow for slightly more flexibility in allowing the record to be expunged. Similarly, for one-time drug offenders under the age of twenty-one, an allowance for an expungement after one year from payment of a fine or completion of a sentence is allowed.
Any of the above applications may be denied, however, for several reasons. If there is pending litigation concerning the crime, it is not expungeable. N.J.S.A. §2C:52-14. Moreover, if there was a dismissal for the charge in question after a supervisory treatment program, the charge will most likely not be expungeable. Id. Also, the prosecutor of the county in which the violation occurred may object to the expungement, and a hearing may be held to determine whether the expungement is in the public interest. Id.
These requirements and restrictions strike a fair balance between the interest of a petitioner and the societal need to discover public records. Each of statutory provision furthers the legislative purpose of providing one-time offenders or a few, isolated incidents to be expunged; it fosters the goal of avoiding repeat offenders from abusing a statute to obtain a clean record. In short, the statutory framework is fair, straightforward, and effective.
Taylor R. Ward, Esq.
Law Offices of Angelo R. Bianchi, LLC
CALL NOW to receive a free consultation
