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Are There NJ Crimes That Cannot Be Expunged?

People often have a past that they are not proud of, but are holding them back from getting a decent job and rebuilding their lives. New Jersey understand this and provides a procedure whereby a record of arrests and convictions can be wiped out as if they did not exist. This is called an expungement. If you succeed in obtaining one and are later asked if you have ever been arrested, or convicted of a crime, you can truthfully say Yes.

The Exceptions to the Rule

But there are exceptions to this procedure. Not all crimes can be expunged. You can get rid of arrests and convictions of local ordinance violations, disorderly or petty disorderly person offenses, and certain indictable offenses. But there are exceptions. They are:

  • Criminal Homicide, except death by auto
  • Kidnapping
  • Luring or EnticingHuman Trafficking
  • Aggravated Sexual Assault
  • Aggravated Criminal Sexual Contact
    • If the victim is a minor, Criminal Sexual Contact
    • If the victim is a minor and the offender is not the parent of the victim, Criminal Restraint or False Imprisonment
  • Robbery
  • Arson and Related Offenses
  • Endangering the welfare of a child by engaging in sexual conduct which would impair or debauch the morals of the child
  • Endangering the welfare of a child
  • Causing or permitting a child to engage in a prohibited sexual act
  • Selling or manufacturing child pornography
  • Perjury or False Swearing
  • Knowingly promoting the prostitution of the actors child
  • Terrorism
  • Producing or Possessing Chemical Weapons, Biological Agents or Nuclear or Radiological Devices
  • Conspiracies or attempts to commit such crimes.

Drug-Related Crimes

Crimes involving the sale or distribution of drugs (or possession with intent to sell) cannot be expunged, except:

  • 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; or
  • Any controlled dangerous substance provided that the conviction is of the third or fourth degree, where the court finds that expungement is consistent with the public interest, giving due consideration to the nature of the offense and the petitioners character and conduct since conviction.

Crimes Committed in Public Office

Also, if you hold any public office, position or employment, elective or appointive, under the government of this State or any agency or political subdivision thereof and commit a crime or are involved in any conspiracy or attempt to commit such a crime, and that crime involved or touched such office, position or employment. they cannot be expunged.

I Can Help You Start Fresh!

If you are looking to expunge some arrests and/or convictions in your past, and you live in the Gloucester County, New Jersey area, please feel free to call me at 856-432-4113 or contact me through this site to schedule an appointment for a free consultation in my Woodbury office. Don’t let your past hold you back from a better future!

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Steven J. Richardson
Bankruptcy, Collections, Student Loan, DUI and Traffic Court attorney in Woodbury, NJ.