The expungement of indictable offenses in New Jersey is governed by N.J.S.A. 2C:52-2. An indictable offense is essentially a criminal charge wherein, if convicted, the defendant is facing a year or more in prison. In New Jersey, you are permitted to expunge one indictable offense as well as two disorderly persons offenses. Certain indictable offenses are not subject to expungement such as kidnapping, homicide, or aggravated sexual assault. For the entire list of crimes which are not subject to expungement, see N.J.S.A. 2C:52-2(b) below.
N.J.S.A. 2C:52-2 provides in pertinent part:
§ 2C:52-2. Indictable offenses
a. In all cases, except as herein provided, wherein a person has been convicted of a crime under the laws of this State and who has not been convicted of any prior or subsequent crime, whether within this State or any other jurisdiction, and has not been adjudged a disorderly person or petty disorderly person on more than two occasions may, after the expiration of a period of 10 years from the date of his conviction, payment of fine, satisfactory completion of probation or parole, or release from incarceration, whichever is later, present a duly verified petition as provided in section 2C:52-7 to the Superior Court in the county in which the conviction was entered praying that such conviction and all records and information pertaining thereto be expunged.
Although subsequent convictions for no more than two disorderly or petty disorderly offenses shall not be an absolute bar to relief, the nature of those conviction or convictions and the circumstances surrounding them shall be considered by the court and may be a basis for denial of relief if they or either of them constitute a continuation of the type of unlawful activity embodied in the criminal conviction for which expungement is sought.
b. Records of conviction pursuant to statutes repealed by this Code for the crimes of murder, manslaughter, treason, anarchy, kidnapping, rape, forcible sodomy, arson, perjury, false swearing, robbery, embracery,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: Section 2C:11-1 et seq. (Criminal Homicide), except death by auto as specified in section 2C:11-5; section 2C:13-1 (Kidnapping); section 2C:13-6(Luring or Enticing); section 2C:14-2 (Aggravated Sexual Assault); section 2C:14-3a (Aggravated Criminal Sexual Contact); if the victim is a minor, section 2C:14-3b (Criminal Sexual Contact); if the victim is a minor and the offender is not the parent of the victim, section 2C:13-2 (Criminal Restraint) or section 2C:13-3 (False Imprisonment); section 2C:15-1(Robbery); section 2C:17-1(Arson and Related Offenses); section 2C:24-4a. (Endangering the welfare of a child by engaging in sexual conduct which would impair or debauch the morals of the child); section 2C:24-4b(4) (Endangering the welfare of a child); section 2C:28-1 (Perjury); section 2C:28-2 (False Swearing) 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.
Explanation of N.J.S.A. 2C:52-2
So, what does the above statute mean? Essentially, if you or a loved one has been convicted of an indictable offense (where the penalties involve a year or more in prison) you are eligible for an expungement if:
- This is the only criminal charge you have ever been convicted of or pled guilty to
- Ten (10) years have passed since the matter was completely resolved
- The crime was not included in the list above which are not subject to expungement (i.e. criminal homicide, kidnapping, luring, etc.)
If you satisfy the above requirements, you should contact the Law Offices of Alexander M. Iler immediately for a free initial consultation to determine whether a petition for expungement is right for you. Our experienced criminal lawyers are available 24 hours a day to answer your questions.
Can Drug Charges for Distribution of a CDS or Possession with Intent to Sell be Expunged?
N.J.S.A. 2C:52-2(c) governs the expungement of drug charges and states:
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 relate to:
(1) Marijuana, where the total quantity sold, distributed or possessed with intent to sell was 25 grams or less, or
(2) Hashish, where the total quantity sold, distributed or possessed with intent to sell was five grams or less.
Therefore, charges for distribution of a Controlled Dangerous Substance (CDS) or possession of a CDS with intent to distribute are not subject to expungement unless the charge is related to distribution of marijuana where the amount sold, distributed, or possessed with intent to sell was less than 25 grams or hashish where the amount sold, distributed, or possessed with intent to sell was less than 5 grams.
