Have A Criminal Record In New Jersey? A Change In The Law May Offer You A Clean Slate

Life may get a little easier for nonviolent offenders in New Jersey who've managed to complete their court-ordered rehabilitation or drug counseling. A new law took effect in April 2016, that allows more people to apply for (and get) an expungement of their criminal record. Learn more about what this could mean for you if you have a criminal record in New Jersey.

What is expungement?

Expungement is a court-ordered process that lets you seal your criminal record and wipe the slate clean. It's also sometimes called "setting aside a conviction." This means that you would no longer legally have to reveal your arrest and conviction to potential employers and landlords, when filling out credit applications, or applying to schools. It would no longer show up on an ordinary background check (although it may still be something that shows up in a more extensive background check, such as that for a government security clearance), and wouldn't have to be disclosed if you are applying for a professional license in your field of employment.

What does it take to get your record expunged?

In most states, expungement is a lengthy process—and not everyone is eligible. Each state has its own rules for what does and does not qualify for expungement, but violent crimes are generally excluded. In some states, only first-time offenders are allowed an expungement.

What often dismays people seeking expungement, however, is that even those who will eventually be eligible face a lengthy wait before they can apply. Most states require that a significant amount of time to pass between your conviction and your application for expungement. In Ohio, for example, you aren't eligible to seek expungement until at least a year has passed since a misdemeanor conviction. If you were convicted of a felony, you have to wait at least three years before you can apply for expungement. The time requirement can effectively put your life on hold long after the incident that led to your arrest is over, as you find yourself turned down for jobs or denied apartment rentals over and over due to your criminal record.

How has the law in New Jersey changed?

The law in New Jersey allows certain types of criminal offenders to get their records expunged immediately after they've successfully completed drug court or court-ordered rehabilitation. It also applies to those who have had cases dismissed without a finding of guilt (which is often done when a judge agrees to defer sentencing in order to allow an offender a chance to go through a rehab program and show that he or she is sincere about trying to quit a drug habit). You can also file for expungement if you successfully fought the charges that were brought against you.

The new law also benefits some other offenders as well. For example, someone that has been convicted of disorderly conduct can now seek expungement—which was not a possibility prior to the change. The new law also reduced the waiting period for expungement of other eligible crimes from ten years down to five.

Keep in mind that you still have to make a formal application to get the record expunged and a judge still has to sign off on the order. In order to apply for an expungement in New Jersey, you can go through the state's online toolkit, or seek the services of a criminal attorney to help you. 

For more information, contact Alexander & Associates, P.C. or a similar firm.