Offenses that May Be Considered for Expungement in Ocean County, New Jersey

Our Attorneys Explain Which Criminal Charges Can Be Expunged in Monmouth County, NJ

There is a legal process that can destroy or seal a criminal record called expungement.  To expunge something is to “erase or remove it completely,” according to the American Bar Association.  This order instructs the court to remove the criminal conviction from the public record and the defendant’s criminal record.  Arrest records, sentencing records, convictions, or other court actions can be expunged. When your record is expunged, it is not an acquittal or pardon for committing the crime.  The governor can grant state pardons, but an expungement must be processed by court order.

For those interested in working in fields that require a background check, such as education, the ability to have search warrants, protective orders, fingerprinting registry, and a trial can also be expunged.  If they are not expunged, a background check could cost you a job opportunity.  When a person seeks employment in law enforcement, corrections, or the judicial branch of government, even if deleted, their criminal history will still be accessible.

Expungement Conditions and Limitations in NJ

Crimes such as drug possession, weapons possession charges, simple assault, and others can be expunged if you have one indictable offense (felony) after paying all fines and five years have passed from the completion of your sentence (be that incarceration, parole, or probation) you can apply for an expungement. Up to five disorderly persons offenses and petty disorderly persons offenses can be expunged when the defendant has no prior criminal history of indictable offense convictions.  If you have up to three disorderly persons offenses and an indictable offense, they can also be expunged.

Avenues for Successful Expungement of a Criminal Record in New Jersey

New Jersey provides different opportunities for expungement.

Drug Court Expungements

Drug Court (also known as Recovery Court) offers graduates who complete the up to five-year program, with random drug tests, counseling, community service, and closely monitored activities, an expungement of their criminal records once they have applied and completed the expungement process.

Young Drug Offender Expungements

A Young Drug Offender expungement requires that the applicant be under 21 years of age when the crime was committed, has no criminal convictions before the drug charges, and was convicted of use of a CDS (Controlled Dangerous Substance) or possession.  If the applicant successfully completes all the conditions of parole or probation, they are eligible for expungement.

Marijuana Expungements

Expungement for marijuana and hashish-related crimes is part of New Jersey’s efforts to decriminalize minor offenses if a case has one of the following:  distributing less than an ounce of marijuana or 5 grams of hashish, possessing more than 50 grams of marijuana or more than 5 grams of hashish, and possessing 50 grams or less of marijuana and 5 grams or less of hashish. The courts have extended expungements in drug-related cases when the conviction of one of the above charges and any of the following charges are present:  possession of paraphernalia, being under the influence of a CDS, using a CDS, making unlawful disposition of a CDS.

Clean Slate Expungements

Clean Slate Expungement allows you to file for expungement of all applicable criminal offenses.  You are not eligible for any special expungement (such as those listed above).  It does not affect your eligibility if you have had a previous expungement.  You must wait 10 years from your last court order, probation, court-ordered supervision, incarceration, and payment of fines, court costs, or restitution. You are not eligible if your offenses which are ineligible for expungement.

Traditional Expungements

Traditional Expungement allows for an indictable conviction and up to three disorderly person offenses.  If there are no indictable offenses, up to five disorderly persons offenses are eligible.  Less than three disorderly persons and no indictable crimes can make municipal ordinance expungement possible.

Factors That Result in Ineligibility for Expungement

If not enough time has passed for a candidate to be eligible based on the kind of expungement they are seeking, they will have to wait until such time has passed.  Someone who has outstanding fines, court costs, or restitution that hasn’t been paid is not eligible.  Some crimes are not able to be expunged regardless of the amount of time that has passed based on their severity. The expungement process is complex and if the information you provide is incorrect or incomplete, your expungement could be delayed or denied.

Non-Expungeable Offenses Under NJ Law

Apart from the restrictions listed above, several offenses cannot be expunged.  They include murder, human trafficking, perjury, terrorism, abuse of public office, kidnapping, manslaughter, driving while intoxicated, arson, armed robbery, rape, sexual assault, aggravated sexual assault, aggravated criminal sexual contact, luring or enticing for kidnapping or human trafficking, production of biological or chemical weapons, endangering the welfare of a child, and drug trafficking.

Talk to a Skilled Attorney at Bronzino Law Firm about Your Expungement Options in Toms River, NJ

The state of New Jersey gives several possibilities to those who have made unwise choices to have their missteps expunged and allow them the freedom that comes with not being burdened by a criminal conviction.  However, the expungement process is detailed and specific in its requirements, and our criminal attorneys are familiar with every step. At Bronzino Law Firm, we have successfully completed expungements for our clients who all deserve a second chance, just like you.  We can open the door to a new phase in your life without worrying about mistakes that are far in the past. We serve clients in Brick, Barnegat, Toms River, Middletown, Point Pleasant, Wall, Rumson, Sea Bright, Mantoloking, Manasquan, and across Ocean and Monmouth County.

If you would like to learn more about having your criminal record expunged, call us today at (732) 812-3102 or contact us using our contact form, which is available online.  With our help, your future could be brighter.