Records That Can and Cannot Be Expunged in New Jersey

The State of New Jersey defines expungement as the extraction and isolation of all records on file within any court, detention or correctional facility, law enforcement or criminal justice agency concerning a person’s detection, apprehension, arrest, detention, trial or disposition of an offense within the criminal justice system. You can expunge the following types of records: complaints, warrants, arrests, commitments, processing records, fingerprints, photographs, index cards, “rap sheets” and judicial docket records.

Expungement can only be done in certain types of NJ criminal offenses. Records of conviction 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, can not be expunged. There are also other serious crimes that cannot be expunged.

Most NJ drug crimes can not be expunged except for marijuana, where the total quantity sold, distributed or possessed with intent to sell was 25 grams or less, and
hashish, where the total quantity sold, distributed or possessed with intent to sell was five grams or less.

NJ motor vehicle offenses cannot be expunged.

You can have an NJ arrest expunged even if it did not result in a conviction. This is common with New Jersey Conditional Discharges and the NJ Pretrial Intervention program.

Our office can assist you in the expungement of your records. A Petition must be filed in the Superior Court of the county where your arrest and/or conviction was based. Many other documents and notices must also be filed.
Every State authority or agency that was involved in your case must be put on notice of your request for expungement and could object. The court could also object to your expungement.

Unless otherwise provided by law, if an order of expungement is granted, the arrest, conviction and any proceedings related thereto shall be deemed not to have occurred, and the petitioner may answer any questions relating to their occurrence accordingly, except: (i) when filing for another expungement, (ii) when filing for acceptance into a supervisory treatment program regarding a court matter, and (iii) if you are seeking employment within the judicial branch or with a law enforcement or corrections agency.

Please contact us if you are interested in a NJ expungement. We provide this service throughout the State of New Jersey.