New Jersey’s Expungement Statute: General Concepts

Despite common thoughts to the contrary, an Order of Expungement from a court in New Jersey does not mean that a prior conviction is completely erased from the government’s files. Instead, it is a process where a prior conviction and other associated documents, including a complaint, fingerprints and photographs are removed and isolated from the records of all law enforcement agencies in the state of New Jersey. Notably, there are certain exceptions where this information may be disclosed.

The principal purpose of New Jersey’s Expungement Statute is to provide a remedy to a first-offender who has violated certain specifically defined criminal statutes, where that offender has later established an extended history of crime-free activity.

New Jersey’s Expungement Statute applies to serious crimes, disorderly persons and petty disorderly offenses, as well as juvenile delinquency offenses and municipal ordinances. As explained, certain criminal convictions are excepted from the statute, including convictions for homicides, kidnapping, sexual assault, robbery, arson, perjury, and conspiracies or attempts to commit these crimes.

In addition, the Expungement Statute in New Jersey imposed certain time criteria before an application for expungement may be filed. Some of the time constraints associated with an expungement application follow: (1) indictable offense conviction 10 years from date of conviction, payment of fine, completion of probation or parole or release from prison, whichever is later; (2) disorderly persons conviction (5 years from date of conviction, payment of fine, completion of probation or parole or release from prison, which is later; (3) drug conviction for an offender who is 21 years old or younger (1 year from date of conviction, payment of fine, completion of probation or parole or release from prison, whichever is later); (4) municipal ordinance conviction (2 years from date of conviction or sentencing, whichever is later); (5) arrest without convictions (6 months after the Order of Dismissal or Acquittal).

Frank T. Luciano is a local criminal defense attorney who will fight for your second chance. If you are interested in having a previous crime expunged or are curious about your eligibility, you are encouraged to contact Mr. Luciano’s law office at anytime at 973-471-0004.

Our Client Testimonials

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"Mr. Luciano freed my mind of anxiety right from the start. A consummate professional. He explained all options on defense and guided me to the one I followed with excellent results. Best of all, he is reasonable. Relax and let his knowledge (the magic) work."

From a former client

"First thing I want to tell is that I thank God for giving me the opportunity to meet such a wonderful person like you and without question, the best lawyer in this world. I am very grateful for everything you did for me. I want to let you know that I'm doing good and if you ever think of coming to . . . for vacation don't forget to contact me. Thanks again Mr. Luciano and please say hello to that kind lady that answers the phone with pleasure every time I called."

From a former client with a First Degree Distribution Charge

"In my distraction focusing on my . . . trial, I failed to ask you how things went with . . . I watched and learned from you throughout that case and greatly admire the consummsate attorney that I hoped to emulate. I witnessed how very hard you worked and how you left no stone unturned. I hope the case worked out for you and your clients. If it did not (and I hope it did) it was not for lack of the effect on your part which was humbling."

From an adversary in a case where we ultimately returned a verdict of $2,069,000

"My family and I would like to thank you for all of your hard work on my case. I feel like I can live my life normally again and it feels awesome. You are truly a professional and wonderful attorney."

From a former client charged with a serious weapons offense

"At the time, I was mortified because, having only worked against you in the Prosecutor’s Office, I couldn’t picture being on the same side. Frank, I want to thank you for the pleasure of having worked with you over the past years. I have learned a great deal from you. Most importantly, I learned that cases were not always as black and white as I thought they were when I worked for the Prosecutor’s Office. You are a wonderful attorney who not only works hard, but also cares deeply about his clients. Frank, I think you are the best."

From a former investigator of a county prosecutor’s office and retired private investigator

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