Law Offices of Eric B. Morrell


Expungement Records Quick Reference

 

  • 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 Conviction 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: Certain convictions may not be expunged- see 2C:52-2(b); examples are homicide, kidnapping, robbery and arson.
    • Other: If a juvenile, delinquent entire juvenile record may be expunged after 5 years from the 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(b)1.5.
  • 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 Conviction 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.
    • Other:  If a juvenile delinquent, entire juvenile record may be expunged after 5 years from the 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(b)1.5.
  • 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 Conviction Permitted? No crimes (indictable offenses) in New Jersey or elsewhere, no more than two other disorderly persons or petty disorderly persons offenses.
    • Other:  If a juvenile, delinquent entire juvenile record may be expunged after 5 years from the 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(b)1.5.
  • 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 Conviction 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.
  • Arrests not resulting in conviction whether due to acquittal dismissal or discharge without a conviction or finding of guilt commit crime expungment not available
    • 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.
  • Charge of an act of juvenile deliquency against whom proceeding is dropped
    • Statute: 2C:52-4.1(c)

Areas Of Practice

  • Criminal Law
  • Expungements
  • DUI/DWI
  • Municipal Court and Traffic Court
  • Personal Injury
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