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New Jersey Expungement: How It Works

What expungement does

Expungement is a court process that removes a criminal or municipal record from public view. Once granted, the arrest, charge or conviction is treated, for most purposes, as if it did not occur, and a person generally does not have to disclose it to most employers, landlords or licensing boards.

It is not automatic. A person has to petition the court, and a judge has to grant it.

What can be expunged

New Jersey allows expungement of most indictable convictions, disorderly persons and petty disorderly persons offenses, and many municipal ordinance violations, along with arrests that did not lead to a conviction. Certain serious offenses cannot be expunged at all. Waiting periods and eligibility rules have changed more than once in recent years, so whether a specific charge qualifies, and when, is something we check against the current statute rather than assume.

How the process works

An expungement petition is filed in the county where the charge was handled, supported by records of the arrest and disposition. The court sets a hearing date, and the prosecutor's office and any other agency with an interest gets notice and a chance to object. If nobody objects and the judge is satisfied the legal requirements are met, an expungement order is entered and sent to every agency that holds a record of the matter.

Why it matters

A record that shows up on a background check can affect a job offer, a professional license, housing, or even custody and immigration matters, long after a case is closed. Clearing it is often one of the more concrete things a person can do to move past an old charge.

What we do

We handle the petition from the records request through the hearing: confirming what actually qualifies under current law, assembling the paperwork, and appearing in court so a client generally does not have to.