New Jersey » Sealing New Jersey Arrest Records
If you were arrested in New Jersey, you may be eligible for expungement of your NJ arrest record if certain conditions are met. If you were arrested and your New Jersey charges were dismissed after completing a diversionary program, you are eligible for expungement.
RecordGone.com provides a free online eligibility test where you can easily check if you qualify for this service.
Sealing New Jersey Arrest Records Requirements
The waiting period for expungement of your New Jersey arrest record will start after successfully completing the terms of your pre-trial diversionary program. Below are the eligibilty requirements to expunge your New Jersey arrest record
- It has been 6 months since your charges were dismissed
- You have no pending disorderly persons, petty disorderly persons or other criminal charges pending
- Your charges were dismissed due to reason of insanity or because you lacked mental capacity
Sealing New Jersey Arrest Records Law
2C:52-1. Definition of expungement
a. Except as otherwise provided in this chapter, expungement shall mean theextraction 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. b. Expunged records shall include complaints, warrants, arrests, commitments, processing records, fingerprints, photographs, index cards, “rap sheets” and judicial docket records. L.1979, c. 178, s. 108, eff. Sept. 1, 1979.
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 occasionsmay, 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.
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.
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 court shall notify the State Board of Medical Examiners upon receipt of a petition for expungement of the conviction and records and information pertaining thereto. L.1979, c.178, s.109; amended 1989,c.300,s.23; 1993,c.301; 1994,c.133,s.6.
2C:52-3. Disorderly persons offenses and petty disorderly persons offenses
Any person convicted of a disorderly persons offense or petty disorderly persons offense under the laws of this State who has not been convicted of any prior or subsequentcrime, whether within this State or any other jurisdiction, or of another three disorderly persons or petty disorderly persons offenses, may, after the expiration of a period of 5 years from the date of his conviction, payment of fine, satisfactory completion of probation or release from incarceration, whichever is later, present a duly verified petition as provided in section 2C:52-7 hereof 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.
Sealing New Jersey Arrest Records Benefits
- Tell employers that you were not convicted of a crime
- Become eligible for some professional licenses
- Apply for a change in immigrant status more confidently
- Tell friends and family that you have not been convicted of a crime
- Stop fearing or being embarrassed when someone does a background check on you.
Whats on your record?
The first step to removing your criminal record is to find out what, if anything, is showing up on your criminal background. If you are unsure of what exactly is holding you back from jobs or any of lives other opportunities we highly recommend visiting our partner, BackgroundChecks.com, where you can get a full national criminal history background check for a super low price.