The history of expungements in New Jersey has been that after ten years from the last act performed by
the defendant as to the sentence, probation or payment of a fine one
could apply to the Superior Court of New Jersey to expunge the record of
arrest conviction, probation and fine payment so far as non law
enforcement persons and entities were concerned. The expungement order
states that the arrest, conviction, parole, probation and fine never
occurred as a matter of law and that the applicant could lawfully tell
the world that he or she had no criminal record. The ten year waiting
period still exists, with exceptions. The failure to pay the fine prior
to the expiration of the ten year period could be excused by the hearing
judge. Secondly, an alternate route for expungement is now available to
those who have no conviction of any sort of offense for five years from
the date of conviction, probation, parole, fine payment and the court
finds, in its discretion, that it is in the public interest, giving due
consideration to the nature of the offense and the applicant's character
and conduct since the conviction.
There is a list of crimes for which
expungement is not available. They include various sexual offense;
offenses against minors; the distribution of drugs, except small amounts
of marijuana and hashish, and other serious offenses. The record of a
criminal arrest and charge can be immediately expungement upon dismissal
of or acquittal of the charge, unless the dismissal is consequence of
some sort of first offender treatment. Should the dismissal be the
consequence of a defendant's successfully completion of the supervision
made a part of the first offender treatment the defendant would be
required to wait six months after the dismissal of his case to apply for
the expungement of same.
For more informtion contact Gary Moore Attorney At Law
