New Jersey Expungement Lawyer Explains Expungment Exceptions

People often have a past that they are not proud of, but it is holding them back from getting a decent job and rebuilding their lives. New Jersey understands 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 obtain one and are later asked if you have ever been arrested or convicted of a crime, you can truthfully say Yes. Gloucester County, New Jersey, expungement lawyer Steve Richardson may be able to help you get your conviction expunged so you can make a fresh start.

Exceptions to the Expungement Rule

There are exceptions to the expungement 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 to expungement in New Jersey, such as the following:

  • Criminal homicide, except death by auto
  • Kidnapping
  • Luring or enticing human 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 actor's 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 amount sold, distributed, or possessed with intent to sell was five grams or less
  • 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 petitioner's 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.

How to Start Fresh

If you are looking to expunge some arrests or convictions in your past that occurred in the Burlington, Camden, Gloucester, Salem, or Cumberland County area, have decided that you need an expungement and are ready to take action, then click on this link to schedule a call with attorney Steve Richardson. Don't let your past hold you back from a better future!

If you are unsure if you are ready to hire a lawyer but want more information, download the free book What Everyone Should Know About Getting an NJ Expungement to get the answers you're looking for.

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