How to Expunge a Record in New Jersey
It is possible to have your New Jersey criminal record expunged, and sealed from public view. Expungement, according to the New Jersey Judiciary's website, means that anything negative on your record, including criminal offenses, imprisonment, juvenile disposition and trials, "are considered not to have occurred." In order to have your criminal record expunged, you must meet New Jersey's criteria, some of which includes having no new offenses and having completed probation and a waiting period.
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Things You'll Need
- Records of your criminal history
- Petition for Expungement
- Order for hearing
- Cover letter
- Expungement order
Instructions
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1
Check the waiting period for your offense in New Jersey. This information can be found at newjerseyexpungements.com or the New Jersey Judiciary's website. There are waiting periods following certain types of offenses. For instance, there is a 5 year waiting period following a misdemeanor before a person can apply for expungement, and a 10 year waiting period following a felony.
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2
Download a PDF file of the state's expungement kit from the New Jersey Judiciary's website. It includes the Petition for Expungement, a verification page that must be notarized, an Order for Hearing, an Expungement Order and a cover sheet. The Order for Hearing is a request that your petition be brought before a judge. A lawyer is not needed to process these documents, but consider hiring one.
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3
File your completed documents with the Superior Court in the county where your arrest or prosecution took place. File the original, and two copies, and keep one for yourself. The cost of filing your petition is $52.50 in 2010, and will need to be paid to "Treasurer, State of New Jersey", in the form of a money order, or you can pay cash. Visit the New Jersey Judiciary's website for a listing of court addresses and contact information.
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4
Make at least seven copies of your petition and send them to: the Attorney General of New Jersey, Superintendent of State Police (Expungement Unit), County Prosecutor, Clerk of the Municipal Court, the Head of Police where the arrest was made, the Superintendent where you were imprisoned. Send a copy to the County Family Division, if it's a juvenile record.
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5
Attend your scheduled hearing. This isn't required in all counties; some may require only that you send a Proof of Notice, obtainable from the clerk at the Criminal Case Management Office. Check with your local Criminal Case Management Office to see which is necessary in your county. Visit state.nj.us for a listing of offices in your area.
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6
Make at least seven copies of your Expungement Order, if your petition is approved, Mail them to the same offices as in Step 4. This notification makes your expungement official.
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Tips & Warnings
Get a lawyer to help you.
A felony case expungement application may be considered after 5 years, if it can be proved that it's in the public's best interest; and there's a 1 year waiting period for a drug conviction for anyone under 21 at the time of the arrest.
If your case was dismissed, there is no waiting period for applying, but if you were acquitted for reasons of insanity or mental incapacity, your record can never be expunged.
Not all states accept New Jersey expungements. While your record will be clean in that state, other states may still carry your record.
References
Resources
- Photo Credit handcuffs one image by Paul Moore from Fotolia.com
