Record Expungement

The legal definition of "expungement" in New Jersey is "the extraction and/or 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." These records include:

  • Complaints
  • Warrants
  • Arrests
  • Commitments
  • Processing records
  • Fingerprints
  • Photographs
  • Index cards
  • "Rap sheets"
  • Judicial docket records

Clients may want to expunge their records for a variety or reasons, including:

  • Protection/restoration of reputation
  • Better job qualification
  • Eligibility for student loans & housing assistance
  • Become eligible for more types of professional licenses and certificates

At Resch & Driscoll, we will do all we can to have your record expunged, however, in New Jersey there are some items that cannot be expunged, such as:

  • Murder
  • Manslaughter
  • Kidnapping
  • Rape
  • Forced sodomy
  • Arson
  • Perjury
  • Robbery
  • Conspiracy
  • Records of conviction for any crime committed by a person holding any public office, position or employment, elective or appointive.
  • 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:
    • Marijuana, where the total quantity sold, distributed or possessed with intent to sell was 25 grams or less.
    • Hashish, where the total quantity sold, distributed or possessed with intent to sell was five grams or less.

Can I get my juvenile records expunged?

 

Any person that has committed a crime as a juvenile may have their record expunged if the act would have constituted a disorderly offense, petty persons offense, or an ordinance violation if committed by an adult.

 

Furthermore, any person who has been adjudged a juvenile delinquent may have his entire record of delinquency expunged if:

 

  • Five years have elapsed since the final discharge of the person from legal custody or supervision, or five years have elapsed after the entry of any other court order not involving custody or supervision.
  • He or she has not been convicted of a crime, or a disorderly or petty disorderly persons offense, or adjudged a delinquent, or in need of supervision, during the five years prior to the filing of the petition, and no proceeding or complaint is pending seeking such a conviction or adjudication.
  • He or she was never adjudged a juvenile delinquent on the basis of an act which if committed by an adult would constitute a crime not subject to expungement.
  • He or she has never had an adult conviction expunged.
  • He or she has never had adult criminal charges dismissed following completion of a supervisory treatment or other diversion program. Any person who has been charged with an act of delinquency and against whom proceedings were dismissed may have the filing of those charges expunged.
Resch & Driscoll, P.C.
A Professional Corporation
175 Hudson Street, Hackensack, NJ 07601
Phone: (201) 488-5454 | Fax: (201) 488-0282