On December 19, 2017, Governor Christie signed a package of bills (S. 3306, S. 3307, and S. 3308) expanding the crimes eligible for expungement. The new law takes effect on October 1, 2018.
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How long is the waiting period for an Indictable “felony” conviction under the New 2018 New Jersey Expungement Law?
Indictable Offense(s) (Crime(s)) – Shortens the waiting period from ten (10) years from date of conviction, payment of fines, satisfactory completion of probation or parole, or release from incarceration, WHICHEVER IS LATER to six (6) years. Note: The recently amended New Jersey Statute now states that a 5-year waiting requirement for indictable offenses is permitted if the court finds that expungement is in the public interest. Under this “early pathway” scenario, the petitioner has the burden of proving to the court that expungement is in the best interest of the public. Therefore, as stated in N.J.S.A. 2C:52:2(2), a person seeking an “early pathway expungement must “at least five years has expired from the date of his conviction, payment of fine, satisfactory completion of probation or parole, or release from incarceration, whichever is later..[.]” The new law authorizes the court to order the expungement of up to three (3) disorderly persons or petty disorderly persons convictions along with the expungement of a crime, rather than two (2), as permitted under the old law. Under the old law, each conviction sought to be expunged must be supported by a separate verified petition and must comply with the requirements of N.J.S.A.2C:52-1 et seq.
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How many disorderly persons or PDP (i.e. misdemeanor) convictions can be expunged for individuals who do not have a “felony” conviction under the New 2018 New Jersey Expungement Law?
the law allows a person to seek the expungement of up to four (4) disorderly persons or petty disorderly persons convictions, rather than three (3) under the old law, in a single application to the court, although a separate verified petition must be presented for each conviction and must comply with the requirements of N.J.S.A.2C:52-1 et seq. Disorderly Persons Offense(s) and Petty Disorderly Offense(s) (Misdemeanors) – Five (5) years from date of conviction, payment of fines, satisfactory completion of probation or parole, or release from incarceration, WHICHEVER IS LATER. Note: The recently amended 2016 New Jersey Statute now states that a 3-year waiting requirement for a disorderly persons offense or petty disorderly persons offense is permitted if the court finds that expungement is in the public interest. Under this “early pathway” scenario, the petitioner has the burden of proving to the court that expungement is in the best interest of the public. Therefore, as stated in N.J.S.A. 2C:52:3, a person seeking an “early pathway expungement must “at least three years has expired from the date of his conviction, payment of fine, satisfactory completion of probation or parole, or release from incarceration, whichever is later..[.]” Alternatively, the court could grant an expungement on an application if less than three years has expired from the payment of any fine, but the three-year waiting period is otherwise satisfied, and the court finds that the person substantially complied with any payment plan for that fine or could not do so due to compelling circumstances.
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Is the Pre-Trial Intervention “PTI” bar eliminated under the New 2018 New Jersey Expungement Law?
Prior to the new law, an individual who successfully completed a PTI which resulted in the “felony”being dismissed was not eligible to expunge any prior or subsequent disorderly persons (misdemeanor) or indictable (felony) convictions under N.J.S.A. 2C:52-14(f). Under the new law, the bar is now eliminated.
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Are individuals who did not pay fines or restitution eligible for expungement under the New 2018 New Jersey Expungement Law?
Under the new law, individuals who satisfy the six (6) year waiting period requirement for expunging a “felony” conviction, but did not pay his or her fines or restitution, will be eligible for expungement IF the court provides for the continued collection of fines and/or restitution or enters a civil judgment for the amount owed.
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