Type of Offense/Dismissal: Indictable Offense
Statute: 2C:52-2
Waiting Period: 10 years from date of conviction, payment of fines, satisfactory completion of probation or parole, or release from incarceration, whichever is later.
Any Other Convictions Permitted? No other prior or subsequent crimes (indictable offenses) in New Jersey or elsewhere, no more than two other disorderly persons or petty disorderly persons offenses.
Other: A recent amendment also allows for Expungements to be filed for convictions of Indictable Offenses which previously require a 10 year waiting period to be relaxed to a 5 year waiting period. The person seeking Expungement must have at least 5 years expired from the date of the conviction, payment of fine, completion of probation or parole, or release from incarceration, whichever is later. The person cannot be convicted of a crime, disorderly persons offense or petty disorderly persons offense since the time of conviction.
Certain convictions may not be expunged - see 2C:52-2(b); examples are homicide, kidnapping, robbery and arson.
Type of Offense/Dismissal: Disorderly persons offenses and petty disorderly offenses
Statute: 2C:52-3
Waiting Period: 5 years from date of conviction, payment of fines, satisfactory completion of probation or parole, or release from incarceration.
Any Other Convictions Permitted? No crimes (indictable offenses) in New Jersey or elsewhere, no more than two other disorderly persons or petty disorderly persons offenses in any state.
Type of Offense/Dismissal: Municipal Ordinance
Statute: 2C:52-4
Waiting Period: 2 years from date of conviction, payment of fines, satisfactory completion of probation or parole, or release from incarceration.
Any Other Convictions Permitted? No crimes (indictable offenses) in New Jersey or elsewhere, no more than two other disorderly persons or petty disorderly persons offenses.
Type of Offense/Dismissal: Young Drug Offenders (under 21) first offender in violation of an offense under Chapter 35 or 36 of the Title 2C (Comprehensive drug reform act of 1986)
Statute: 2C:52-5
Waiting Period: 1 year following conviction, termination of probation or parole or discharge from custody, whichever is later.
Any Other Convictions Permitted? No other previous or subsequent criminal acts or any subsequent violation of Chapters 35 or 36 of Title 2C; no dismissal due to acceptance into supervising treatment or other diversion program.
Type of Offense/Dismissal:
Juvenile Delinquent
1. If act would have been considered an Indictable offense if committed by an adult, follow chart and procedure for Indictable offenses.
2. If act would have been considered a disorderly or petty disorderly persons offense if committed by an adult, follow chart and procedure for disorderly persons offenses and petty disorderly offenses.
3. If act would have been considered an ordinance violation if committed by an adult, follow chart and procedure for ordinance violations.
Statute: 2C:52-4.1, 2C:52-2
Other: Entire juvenile record may be expunged after five years from final discharge and custody or supervision or five years have passed after entry of any other court order not involving custody or supervision; no other convictions in meantime; no other proceedings or complaint may be pending see 2C:52-4.1(b)1.5.
Type of Offense/Dismissal: Arrests not resulting in conviction whether due to acquittal dismissal or discharge without a conviction or finding of guilt.
Statute: 2C:52-6
Waiting Period: None, statute says "at any time" except for 6 month wait required for conditional discharge for certain first offenses- see 2C:52-6 and 2C35-36.
Other: If dismissal discharged or acquittal resulted from finding of insanity or lack of mental capacity to commit crime, Expungement not available.
Type of Offense/Dismissal: Charge of an act of juvenile delinquency against whom proceeding is dropped
Statute: 2C:52-4.1(c)
Type of Offense/Dismissal: Pre-Trial Intervention
Statute: 2C:52-6(b)
Waiting Period: 6 month waiting period after the entry of the order of dismissal.
