Expungement Attorney

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Ocean County Expungement Lawyer

EXPUNGEMENTS – N.J.S.A. 2C:52-1; et. al.
Expungements of criminal records in New Jersey are governed by Statute and are granted under limited circumstances only after either a Verified Petition for Expungement is submitted, accepted and thereafter approved by the Superior Court in the particular county where the charges took place or upon application to the Court upon a dismissal of charges after an arrest. Certain aspects of the expungement law in New Jersey have been amended to provide for added opportunities to remove prior charges and/or criminal convictions from one’s record. Clearly the advantages of having a “clean record” are obvious, straightforward and speaks largely for itself. Whether it be for a background check for upcoming employment, an application for a Firearms Purchaser Identification Card, opportunities in Law Enforcement, Government Security Clearance or the multitude of obvious reasons to have an unblemished criminal history. A meticulous preparation of the Expungement application, petition and supporting documents; along with the appropriate notice to the required parties is vital to the most expedient and successful handling of your matter. Call the Law Office of Nicholas A. Moschella, Jr., LLC at (732) 930-3482 for a FREE CONSULTATION regarding any questions you may have about your eligibility for an expungement.
Amendments to Expungement Law effective January 19, 2016:

Section 1: “Drug Court” Expungement

– The new law amends N.J.S.A.2C:35-14 to authorize the Superior Court to order the expungement of all records relating to all prior arrests, detentions, convictions, and proceedings for any Title 2C offense upon a person’s successful discharge from a term of special probation, regardless of whether the person was sentenced to special probation under N.J.S.A.2C:35-14, N.J.S.A.2C:35-14.2, or N.J.S.A.2C:45-1, if the person satisfactorily completed a substance abuse treatment program and was not convicted of any crime, or adjudged a disorderly person or petty disorderly person, during the term of special probation. Under the law, the procedural requirements for expungements in N.J.S.A.2C:52-7 through N.J.S.A.2C:52-14 do not apply to a “drug court” expungement (i.e., verified petition, service, denial). The law provides that no fee can be charged to a person who is eligible for expungement under section 1. The law requires that court grant the expungement unless it finds that the need for the availability of the records outweighs the desirability of having the person freed from any disabilities associated with their availability, or it finds that the person is ineligible for expungement because the person’s records include a conviction for an offense barred from expungement. Under the law, the prosecutor must notify the court of any disqualifying convictions or public safety factors that should be considered by the court when deciding whether to grant a “drug court” expungement.

The law requires that the court provide a copy of a “drug court” expungement order to the prosecutor, the drug court graduate and, if the person was represented by the Public Defender, to the Public Defender. Thereafter, the drug court graduate or the Public Defender must promptly distribute copies of the expungement order to appropriate agencies who have custody and control of the records specified in the order.

Under the law, if a drug court graduate whose records are expunged upon discharge from special probation is convicted of any crime following the discharge, the full record of arrests and convictions may be restored to public access and the person is thereafter barred from any future expungement.

Finally, the new law provides that a person who, prior to the law’s effective date, was successfully discharged from a term of special probation may seek an expungement of all records relating to all arrests, detentions, convictions, and proceedings for any Title 2C offense that existed at the time of discharge. Persons seeking a post-discharge expungement under this provision must present an application to the Superior Court in the county in which the person was sentenced to special probation, which contains a duly verified petition pursuant to N.J.S.A.2C:52-7 for each crime or offense sought to be expunged. Under the law, consideration of the petition would proceed pursuant to N.J.S.A.2C:52-1 et seq., except that the requirements related to the expiration of the time periods specified in N.J.S.A.2C:52-2 through N.J.S.A.2C:52-4.1 do not apply. This section of the law contains additional requirements related to the person’s eligibility for expungement and the court’s consideration of the expungement application. The law provides that no fee can be charged to a person seeking a post-discharge expungement under its provisions.

Section 2: Requirements for Expungement of Crimes

– The new law continues the five-year “public interest” exception (known as “early pathways”) to the standard 10-year eligibility time requirement for the expungement of a crime, but authorizes the court to order the expungement of up to two disorderly persons or petty disorderly persons convictions along with the expungement of a crime. Under the law, each conviction sought to be expunged must be supported by a separate verified petition and must comply with the requirements of N.J.S.A.2C:52-1 et seq. The law provides that when a person is seeking an expungement for a crime and disorderly persons convictions, the eligibility time standard is 10 years, or five years with a “public interest” finding, from the date of the “most recent” conviction, payment of fine, satisfactory completion of probation or parole, or release from incarceration for the crime and any disorderly persons offense, whichever is later.

Section 3: Requirements for Expungement of Disorderly Persons Offenses

– The law provides that a person seeking expungement of a disorderly persons or petty disorderly persons conviction may do so by filing an expungement petition with the court. However, if the person has been convicted of a prior or subsequent crime, the person cannot proceed under N.J.S.A. 2C:52-3, but must seek expungement of all eligible convictions (including the crime) under N.J.S.A.2C:52-2, as amended by section 2 of the law. Additionally, the law allows a person to seek the expungement of up to three disorderly persons or petty disorderly persons convictions in a single application to the court, although a separate verified petition must be presented for each conviction and must comply with the requirements of N.J.S.A.2C:52-1 et seq. To parallel the “early pathways” exception in N.J.S.A.2C:52-2, the law provides that when a person is seeking the expungement of a disorderly persons or petty disorderly persons conviction under N.J.S.A. 2C:52-3, the eligibility time standard is five years, or three years with a “public interest” finding, from the date of the conviction, payment of fine, satisfactory completion of probation or parole, or release from incarceration for that crime or for any disorderly persons offense, whichever is later. The law clarifies that where the person is seeking the expungement of multiple disorderly persons convictions, the eligibility time standard tolls from the date of the “most recent’ conviction.

Section 4: Expungement of Arrests Not Resulting in Conviction

– The new law provides that when a person has been arrested or held to answer for a crime or any lesser offense and the proceedings against the person were dismissed, the person was acquitted, or the person was discharged without a conviction or finding of guilt, the Superior Court must upon application from the person, order the expungement of all records relating to the arrest or charge at the time of the dismissal, acquittal, or discharge. Under the law, if the proceedings took place in a municipal court, the municipal court must provide the person, upon request, with appropriate documentation to transmit to the Superior Court to request expungement pursuant to procedures developed by the Administrative Office of the Courts. Upon receipt of such documentation, the Superior Court must enter an ex parte order expunging all records and information relating to the person’s arrest or charge.

The law states that the provisions of N.J.S.A.2C:52-7 through N.J.S.A.2C:52-14 (verified petition, service, and denial) do not apply to an expungement pursuant to section 4. In addition, the law provides that no fee can be charged to a person making such an application. The law clarifies that an expungement related to a dismissal, acquittal, or discharge does not bar any future expungement.

The law provides that an expungement under section 4 shall not be ordered where the dismissal, acquittal, or discharge resulted from a plea bargaining agreement resulting in the conviction of other charges, but that this bar does not apply once the conviction resulting from the plea agreement is expunged.

The law requires that the court forward a copy of the expungement order to the appropriate court and to the prosecutor. Under the law, the prosecutor must promptly distribute copies of the expungement order to appropriate law enforcement agencies and correctional institutions who have custody and control of the records specified in the order.

Finally, the law permits a person who did not apply for the expungement of an arrest or charge not resulting in a conviction at the time of dismissal, acquittal or discharge to present, at any time following the court’s disposition, a duly verified petition as provided in N.J.S.A.2C:52-7 to the Superior Court in the county in which the disposition occurred praying that the records of such arrest and proceedings be expunged. The law provides that no fee shall be charged to a person for applying for an expungement of an arrest or charge not resulting in a conviction where a petition is filed after the court’s disposition.

Section 6: Use of Expunged Records

– The law amends N.J.S.A.2C:52-21 to provide that, in addition to other authorized purposes, expunged or sealed records of prior arrests or convictions may be provided to the Probation Division of the Superior Court, the pretrial services agency, or the Attorney General when such records are requested for use in conjunction pretrial release determinations pursuant to N.J.S.A.2C:162-15 et seq.

Section 7: Charges Not Eligible For Expungement in New Jersey

Any Criminal Homicide (Murder) (N.J.S.A. 2C:11-1, et seq.) except for Death by Auto (N.J.S.A. 2C:11-5)

Kidnapping and Related Offenses

• Kidnapping (N.J.S.A.2C:13-1)
• Luring or Enticing (N.J.S.A. 2C:13-6)
• Human Trafficking (N.J.S.A. 2C:13-6)

Sexual Offenses

• Sexual Assault or Aggravated Sexual Assault (N.J.S.A. 2C:14-2)
• Aggravated Criminal Sexual Contact (N.J.S.A. 2C:14-3a)

Robbery (N.J.S.A. 2C:15-1)

Arson & Related Offenses (N.J.S.A. 2C:17-1)

Endangering the Welfare of Children

• Criminal Sexual Contact if the victim is a minor (N.J.S.A. 2C:14-3b)
• Criminal Restraint or False Imprisonment if the victim is a minor and you are not the parent of
  the victim (N.J.S.A. 2C:13-2; N.J.S.A. 2C:13-3)
• Endangering the Welfare of a Child by engaging in sexual conduct which would impair or debauch the morals of the child or cause other harm (N.J.S.A. 2C:24-4a)
• Photographing or filming a child in a prohibited sexual act (N.J.S.A. 2C:24-4b(4))
• Causing or permitting a child to engage in a prohibited sexual act (N.J.S.A. 2C:24-4b(3))
• Distribution, possession with the intent to distribute, or using a file-sharing program to store child pornography (N.J.S.A. 2C:24-4b(5)(a))
• Possessing items depicting the sexual exploitation or abuse of a child (N.J.S.A. 2C:24-4b(5)(b))
• Knowingly promoting the prostitution of the actor’s child (N.J.S.A. 2C:34-1b(4))

Perjury & False Swearing (N.J.S.A. 2C:28-1; N.J.S.A. 2C:28-2)

Terrorism (N.J.S.A. 2C:38-2)
Producing or Possessing Chemical Weapons, Biological Agents or Nuclear or Radiological Devices and (N.J.S.A. 2C:38-3)

Also, conspiracies or attempts to commit any of the above crimes.

Abuse of Public Office
Records of conviction of ANY crime committed by a person holding any public office, position or employment, elective or appointive, under the government of this State or any agency or political subdivision thereof and any conspiracy or attempt to commit such a crime shall not be subject to expungement if the crime involved or touched such office.

Certain Drug Offenses
Convictions for sale or distribution of drugs, or possession with intent to sell cannot be expunged, except in cases where the crimes involve:

• Marijuana, where the total quantity sold, distributed, or possessed with intent to sell was 25 grams or less; or
• Hashish, where the total quantity sold, distributed, or possessed with intent to sell was 5 grams or less.

A conviction for 3rd and 4th Degree crimes involving sale or distribution of drugs, or possession with intent to sell may be expunged if the court finds that expungement is in the public interest, considering the nature of the offense and the character and conduct of the petitioner since conviction. In such cases, the court must also consider whether the need to keep the records outweighs the desire to free the applicant of the burden of their criminal record.

Certain Convictions Prior to September 1, 1979
Convictions of the following prior to September 1, 1979 are also not eligible for expungement from a Defendant’s record:

• Murder
• Manslaughter
• Treason
• Anarchy
• Kidnapping
• Rape
• Forcible sodomy
• Arson
• Perjury
• False swearing
• Robbery
• Embracery or a conspiracy or any attempt to commit same
• Aiding, assisting or concealing persons accused of the foregoing crimes

2C:52-2 Indictable offenses

2C:52-2. Indictable Offenses.

a. In all cases, except as herein provided, a person may present an expungement application to the Superior Court pursuant to this section if:

the person has been convicted of one crime under the laws of this State, and does not otherwise have any subsequent conviction for another crime, whether within this State or any other jurisdiction. Subject to the provision of subsection e. of N.J.S.2C:52-14 requiring denial of an expungement petition when a person has had a previous criminal conviction expunged, a prior conviction for another crime shall not bar presenting an application seeking expungement relief for the criminal conviction that is the subject of the application; or

the person has been convicted of one crime and no more than three disorderly persons or petty disorderly persons offenses under the laws of this State, and does not otherwise have any subsequent conviction for another crime, or any subsequent conviction for another disorderly persons or petty disorderly persons offense such that the total number of convictions for disorderly persons and petty disorderly persons offenses would exceed three, whether any such crime or offense conviction was within this State or any other jurisdiction. Subject to the provision of subsection e. of N.J.S.2C:52-14 requiring denial of an expungement petition when a person has had a previous criminal conviction expunged, a prior conviction for another crime, disorderly persons offense, or petty disorderly persons offense shall not bar presenting an application seeking expungement relief for the one criminal conviction and no more than three convictions for disorderly persons or petty disorderly persons offenses that are the subject of the application; or

the person has been convicted of multiple crimes or a combination of one or more crimes and one or more disorderly persons or petty disorderly persons offenses under the laws of this State, all of which are listed in a single judgment of conviction, and does not otherwise have any subsequent conviction for another crime or offense in addition to those convictions included in the expungement application, whether any such conviction was within this State or any other jurisdiction. Subject to the provision of subsection e. of N.J.S.2C:52-14 requiring denial of an expungement petition when a person has had a previous criminal conviction expunged, a prior conviction for another crime, disorderly persons offense, or petty disorderly persons offense that is not listed in a single judgment of conviction shall not bar presenting an application seeking expungement relief for the convictions listed in a single judgment of conviction that are the subject of the application; or

the person has been convicted of multiple crimes or a combination of one or more crimes and one or more disorderly persons or petty disorderly persons offenses under the laws of this State, which crimes or combination of crimes and offenses were interdependent or closely related in circumstances and were committed as part of a sequence of events that took place within a comparatively short period of time, regardless of the date of conviction or sentencing for each individual crime or offense, and the person does not otherwise have any subsequent conviction for another crime or offense in addition to those convictions included in the expungement application, whether any such conviction was within this State or any other jurisdiction. Subject to the provision of subsection e. of N.J.S.2C:52-14 requiring denial of an expungement petition when a person has had a previous criminal conviction expunged, a prior conviction for another crime, disorderly persons offense, or petty disorderly persons offense that was not interdependent or closely related in circumstances and was not committed within a comparatively short period of time as described above shall not bar presenting an application seeking expungement relief for the convictions of crimes or crimes and offenses that were interdependent or closely related and committed within a comparatively short period of time, and that are the subject of the application.

For purposes of determining eligibility to present an expungement application to the Superior Court pursuant to this section, a conviction for unlawful distribution of, or possessing or having under control with intent to distribute, marijuana or hashish in violation of paragraph (11) of subsection b. of N.J.S.2C:35-5,or a lesser amount of marijuana or hashish in violation of paragraph (12) of subsection b. of that section, or a violation of either of those paragraphs and a violation of subsection a. of section 1 of P.L.1987, c.101 (C.2C:35-7) or subsection a. of section 1 of P.L.1997, c.327 (C.2C:35-7.1), for distributing, or possessing or having under control with intent to distribute, on or within 1,000 feet of any school property, or on or within 500 feet of the real property comprising a public housing facility, public park, or public building, or for obtaining or possessing marijuana or hashish in violation of paragraph (3) of subsection a. of N.J.S.2C:35-10, or for an equivalent crime in another jurisdiction, regardless of when the conviction occurred, shall not be considered a conviction of a crime within this State or any other jurisdiction but shall instead be considered a conviction of a disorderly persons offense within this State or an equivalent category of offense within the other jurisdiction, and a conviction for obtaining, possessing, using, being under the influence of, or failing to make lawful disposition of marijuana or hashish in violation of paragraph (4) of subsection a., or subsection b., or subsection c. of N.J.S.2C:35-10, or a violation involving marijuana or hashish as described herein and using or possessing with intent to use drug paraphernalia with that marijuana or hashish in violation ofN.J.S.2C:36-2, or for an equivalent crime or offense in another jurisdiction, regardless of when the conviction occurred, shall not be considered a conviction within this State or any other jurisdiction. The person, if eligible, may present the expungement application after the expiration of a period of five years from the date of his most recent conviction, payment of any court-ordered financial assessment, satisfactory completion of probation or parole, or release from incarceration, whichever is later. The term “court-ordered financial assessment” as used herein and throughout this section means and includes any fine, fee, penalty, restitution, and other form of financial assessment imposed by the court as part of the sentence for the conviction or convictions that are the subject of the application, for which payment of restitution takes precedence in accordance with chapter 46 of Title 2C of the New Jersey Statutes. The person shall submit the expungement application to the Superior Court in the county in which the most recent conviction for a crime was adjudged, which includes a duly verified petition as provided in N.J.S.2C:52-7 praying that the conviction, or convictions if applicable, and all records and information pertaining thereto be expunged. The petition appended to an application shall comply with the requirements set forth in N.J.S.2C:52-1 et seq.

Notwithstanding the provisions concerning the five-year time requirement, if, at the time of application, a court-ordered financial assessment subject to collection under the comprehensive enforcement program established pursuant to P.L.1995, c.9 (C.2B:19-1 et al.) is not yet satisfied due to reasons other than willful noncompliance, but the time requirement of five years is otherwise satisfied, the person may submit the expungement application and the court may grant an expungement; provided, however, that if expungement is granted the court shall enter a civil judgment for the unpaid portion of the court-ordered financial assessment in the name of the Treasurer, State of New Jersey and transfer collections and disbursement responsibility to the State Treasurer for the outstanding amount in accordance with section 8 of P.L.2017, c.244 (C.2C:52-23.1). The Treasurer may specify, and the Administrative Office of the Courts shall collaborate with, the technical and informational standards required to effectuate the transfer of the collection and disbursement responsibilities. Notwithstanding any provision in this law or any other law to the contrary, the court shall have sole discretion to amend the judgment. Additionally, an application may be filed and presented, and the court may grant an expungement pursuant to this section, although less than five years have expired in accordance with the time requirements when the court finds:

(1) the court-ordered financial assessment is satisfied but less than five years have expired from the date of satisfaction, and the time requirement of five years is otherwise satisfied, and the court finds that the person substantially complied with any payment plan ordered pursuant to N.J.S.2C:46-1 et seq., or could not do so due to compelling circumstances affecting his ability to satisfy the assessment; or

(2) at least four but less than five years have expired from the date of the most recent conviction, payment of any court-ordered financial assessment, satisfactory completion of probation or parole, or release from incarceration, whichever is later; and

the person has not been otherwise convicted of a crime, disorderly persons offense, or petty disorderly persons offense since the time of the most recent conviction; and the court finds in its discretion that compelling circumstances exist to grant the expungement. The prosecutor may object pursuant to section 11 of P.L.2019, c.269 (C.2C:52-10.1), N.J.S.2C:52-11, N.J.S.2C:52-14, or N.J.S.2C:52-24.

In determining whether compelling circumstances exist for the purposes of paragraph (1) of this subsection, a court may consider the amount of any court-ordered financial assessment imposed, the person’s age at the time of the offense or offenses, the person’s financial condition and other relevant circumstances regarding the person’s ability to pay.

b. Records of conviction pursuant to statutes repealed by this Code for the crimes of murder, manslaughter, treason, anarchy, kidnapping, rape, forcible sodomy, arson, perjury, false swearing, robbery, embracery, or a conspiracy or any attempt to commit any of the foregoing, or aiding, assisting or concealing persons accused of the foregoing crimes, shall not be expunged.

Records of conviction for the following crimes specified in the New Jersey Code of Criminal Justice shall not be subject to expungement: N.J.S.2C:11-1 et seq. (Criminal Homicide), except death by auto as specified in N.J.S.2C:11-5 and strict liability vehicular homicide as specified in section 1 of P.L.2017, c.165 (C.2C:11-5.3); N.J.S.2C:13-1 (Kidnapping); section 1 of P.L.1993, c.291 (C.2C:13-6) (Luring or Enticing); section 1 of P.L.2005, c.77 (C.2C:13-8) (Human Trafficking); N.J.S.2C:14-2 (Sexual Assault or Aggravated Sexual Assault); subsection a. of N.J.S.2C:14-3 (Aggravated Criminal Sexual Contact); if the victim is a minor, subsection b. of N.J.S.2C:14-3 (Criminal Sexual Contact); if the victim is a minor and the offender is not the parent of the victim, N.J.S.2C:13-2 (Criminal Restraint) or N.J.S.2C:13-3 (False Imprisonment); N.J.S.2C:15-1 (Robbery); N.J.S.2C:17-1 (Arson and Related Offenses); subsection a. of N.J.S.2C:24-4 (Endangering the welfare of a child by engaging in sexual conduct which would impair or debauch the morals of the child, or causing the child other harm); paragraph (4) of subsection b. of N.J.S.2C:24-4 (Photographing or filming a child in a prohibited sexual act or for portrayal in a sexually suggestive manner); paragraph (3) of subsection b. of N.J.S.2C:24-4 (Causing or permitting a child to engage in a prohibited sexual act or the simulation of an act, or to be portrayed in a sexually suggestive manner); subparagraph (a) of paragraph (5) of subsection b. of N.J.S.2C:24-4 (Distributing, possessing with intent to distribute or using a file-sharing program to store items depicting the sexual exploitation or abuse of a child); subparagraph (b) of paragraph (5) of subsection b. of N.J.S.2C:24-4 (Possessing or viewing items depicting the sexual exploitation or abuse of a child); section 8 of P.L.2017, c.141 (C.2C:24-4.1) (Leader of a child pornography network); N.J.S.2C:28-1 (Perjury); N.J.S.2C:28-2 (False Swearing); paragraph (4) of subsection b. of N.J.S.2C:34-1 (Knowingly promoting the prostitution of the actor’s child); section 2 of P.L.2002, c.26 (C.2C:38-2) (Terrorism); subsection a. of section 3 of P.L.2002, c.26 (C.2C:38-3) (Producing or Possessing Chemical Weapons, Biological Agents or Nuclear or Radiological Devices); and conspiracies or attempts to commit such crimes.

Records of conviction for any crime committed by a person holding any public office, position or employment, elective or appointive, under the government of this State or any agency or political subdivision thereof and any conspiracy or attempt to commit such a crime shall not be subject to expungement if the crime involved or touched such office, position or employment.

c. In the case of conviction for the sale or distribution of a controlled dangerous substance or possession thereof with intent to sell, expungement shall be denied except where the crimes involve:

(1) Marijuana, where the total quantity sold, distributed or possessed with intent to sell was less than one ounce;

(2) Hashish, where the total quantity sold, distributed or possessed with intent to sell was less than five grams; or

(3) Any controlled dangerous substance provided that the conviction is of the third or fourth degree, where the court finds that compelling circumstances exist to grant the expungement. The prosecutor may object pursuant to section 11 of P.L.2019, c.269 (C.2C:52-10.1), N.J.S.2C:52-11, N.J.S.2C:52-14, orN.J.S.2C:52-24.

d. In the case of a State licensed physician or podiatrist convicted of an offense involving drugs or alcohol or pursuant to section 14 or 15 of P.L.1989, c.300 (C.2C:21-20 or 2C:21-4.1), the petitioner shall notify the State Board of Medical Examiners upon filing an application for expungement and provide the board with a copy thereof. The petitioner shall also provide to the court a certification attesting that the requirements of this subsection were satisfied. Failure to satisfy the requirements of this subsection shall be grounds for denial of the expungement application and, if applicable, administrative discipline by the board.

A meticulous preparation of the Expungement application, petition and supporting documents; along with the appropriate notice to the required parties is vital to the most expedient and successful handling of your matter. Call the Law Office of Nicholas A. Moschella, Jr., LLC at (732) 930-3482 for a FREE CONSULTATION regarding any questions you may have about your eligibility for an expungement.