Q1. What is an expungement?

Under New Jersey law, an expungement is an extraction and isolation of records pertaining to one’s criminal history. Therefore, expunged criminal records in New Jersey are not “erased,” or “destroyed,” but segregated and not generally available when someone does an “official search.” An “official search” is a search in which one does with a court system or law enforcement. After a judge grants an expungement order, a petitioner will receive a signed court order from the judge stating that the offense “…shall be deemed not to have occurred and the petitioner may answer any questions accordingly.” The courts, detention or correctional facilities, law enforcement agencies, and probation departments must remove all expunged records to an isolated location. Thus, all expunged records are no longer publicly available. The general public, employers, insurance companies, landlords, adoption agencies, creditors, or the like performing a background check will not have access to such records. A requestor will receive the message “no record.” Expunged records include “complaints, warrants, arrests, commitments, processing records, fingerprints, photographs, index cards, “rap sheets” and judicial docket records.”

Q4. What is an Expungement Eligibility Test?

Imagine applying for expungement only to discover that you have wasted valuable time and money on court costs and mailing fees because you are not eligible for expungement. The court will not reimburse you for court costs and mailing fees if it denies your petition for expungement. Therefore, before you apply for expungement, you must determine if your conviction(s) qualify for expungement. A simple, quick eligibility check can save you a lot of time and money.

Chapter 52 of Title 2C of the New Jersey Code of Criminal Justice creates specific eligibility criteria for individuals seeking expungement. The first step in expunging your criminal record is to request your criminal record and determine if you are eligible for expungement. Certain indictable offenses and combinations of offenses are not eligible for expungement in New Jersey. However, your expungement eligibility can quickly and easily be determined by taking what we, at Dones Legal call the smelly New Jersey “FEET.” “FEET” stands for Free Expungement Eligibility Test, and of course, we offer “FEET” for our prospective clients at www.legalcleanup.com. Our free eligibility test automatically figures out whether your conviction is eligible for expungement. You simply answer a few basic questions and our automated test will inform you as to which, if any of your offenses, are eligible for expungement. It only takes a few simple clicks to discover if your conviction is eligible for expungement.

Q7. How much does an expungement cost?

Applicants are responsible for paying all court costs and mailing fees when applying for an expungement in New Jersey. The new 2016 cost of sending a 1-ounce USPS Certified Mail letter with Return Receipt (green card) is $9.74. You will need to pay for photocopying, envelopes, and stamps. There is no longer a filing fee. Most offices do not accept personal checks, so you should include a money order or certified check made out to the State of N.J. Treasurer. The approximate costs of applying for expungement are as follows:

1. Court filing fee: $00.00
2. Certified Mail w/ Return Receipt: $110.16 – $133.12 (very limited cases)
3. Photocopying: $20.00
4. Envelopes / Stamps: $15 – $35 (regular mail, not including priority, or express mail) (very limited cases)
5. JOC Request: $10.00

Average (approximate) total costs: $195.00.

This amount varies depending on an applicant’s shipping choice. If you make a mistake in filing your petition you may have to re-apply for expungement and bear all costs associated with re-applying. The State may issue a refund for the court costs, but not for the mailing fees. If you decide to use the FedEx Office Print Online service, you can print your documents from your home computer, tablet, or phone and your order will be available for pick-up at a nearby FedEx location. However, choosing an on-line option will result in an increase in photocopying costs. Currently, the charge to use the FedEx Office Print Online service is 0.22¢ per page. FedEx Office Print Online offers 128-bit SSL encryption, customer log-in protection, and VeriSign Extended Validation (EV) Certificates. Visit the FedEx Customer Protection Center at http://www.fedex.com/us/security/our-part/index.html for updates and/or possible risks in printing your documents using FedEx Office Print Online.

Q8. How long does the expungement process take?

Once you have filed your petition, it may take a minimum of 6-12 months (COVID) to obtain an Order of Expungement. Generally, the following timeline would occur when expunging your criminal record in New Jersey.

1. Week (1-24)
   File and serve your Petition for Expungement and accompanying documents to the appropriate county courthouse to be provided to official government agencies and prosecutor review.
2. Week (25-52)
   The agencies will then update their records.

The agencies will then update their records.

Q20. What is the codified or statutory law on expungements in New Jersey?

TITLE 2C. THE NEW JERSEY CODE OF CRIMINAL JUSTICE
SUBTITLE 3. SENTENCING
CHAPTER 52. EXPUNGEMENT OF RECORDS

N.J.S. 2C:52-1. Definition of expungement
N.J.S. 2C:52-2. Indictable offenses
N.J.S. 2C:52-3. Disorderly persons offenses and petty disorderly persons offenses
N.J.S. 2C:52-4. Ordinances
N.J.S. 2C:52-4.1. Juvenile delinquent; expungement of adjudications and charges
N.J.S. 2C:52-5. Expungement of records of young drug offenders
N.J.S. 2C:52-5.3 “Clean slate” expungement by petition
N.J.S. 2C:52-6. Arrests not resulting in conviction
N.J.S. 2C:52-7. Petition for expungement
N.J.S. 2C:52-8. Statements to accompany petition
N.J.S. 2C:52-9. Order fixing time for hearing
N.J.S. 2C:52-10. Service of petition and documents
N.J.S. 2C:52-11. Order directing expungement where no objection prior to hearing
N.J.S. 2C:52-12. Denial of relief although no objection entered
N.J.S. 2C:52-13. When hearing on petition for expungement shall not be held
N.J.S. 2C:52-14. Grounds for denial of relief
N.J.S. 2C:52-15. Records to be removed; control
N.J.S. 2C:52-16. Expunged record including names of persons other than petitioner
N.J.S. 2C:52-17. Use of expunged records by agencies on pending petition for expungement
N.J.S. 2C:52-18. Supplying information to violent crimes compensation board
N.J.S. 2C:52-19. Order of superior court permitting inspection of records or release of information; limitations
N.J.S. 2C:52-20. Use of expunged records in conjunction with supervisory treatment or diversion programs
N.J.S. 2C:52-21. Use of expunged records in conjunction with setting bail, presentence report or sentencing
N.J.S. 2C:52-22. Use of expunged records by parole board
N.J.S. 2C:52-23. Use of expunged records by department of corrections
N.J.S. 2C:52-24. County prosecutor’s obligation to ascertain propriety of petition
N.J.S. 2C:52-25. Retroactive application
N.J.S. 2C:52-26. Vacating of orders of sealing; time; basis
N.J.S. 2C:52-27. Effect of expungement
N.J.S. 2C:52-27.1. Practitioners convicted of health care claims fraud; rescission of debarment order
N.J.S. 2C:52-28. Motor vehicle offenses
N.J.S. 2C:52-29. Fee
N.J.S. 2C:52-30. Disclosure of expungement order
N.J.S. 2C:52-31. Limitation
N.J.S. 2C:52-32. Construction

New Jersey Expungement Statutes
2C:52-1. Definition of expungement

Please see the Amendments to New Jersey Expungement Statute effective October 1, 2018

a. Except as otherwise provided in this chapter, expungement shall mean the extraction and isolation of all records on file within any court, detention or correctional facility, law enforcement or criminal justice agency concerning a person’s detection, apprehension, arrest, detention, trial or disposition of an offense within the criminal justice system.

b. Expunged records shall include complaints, warrants, arrests, commitments, processing records, fingerprints, photographs, index cards, “rap sheets” and judicial docket records.

New Jersey Expungement Statutes
2C:52-2. Indictable Offenses

a. In all cases, except as herein provided, a person may present an expungement application to the Superior Court pursuant to this section if:

the person has been convicted of one crime under the laws of this State, and does not otherwise have any prior or subsequent conviction for another crime, whether within this State or any other jurisdiction; or

the person has been convicted of one crime and no more than three disorderly persons or petty disorderly persons offenses under the laws of this State, and does not otherwise have any subsequent conviction for another crime, or any subsequent conviction for another disorderly persons or petty disorderly persons offense such that the total number of convictions for disorderly persons and petty disorderly persons offenses would exceed three, whether any such crime or offense conviction was within this State or any other jurisdiction. Subject to the provision of subsection e. of N.J.S.2C:52-14 requiring denial of an expungement petition when a person has had a previous criminal conviction expunged, a prior conviction for another crime, disorderly persons offense, or petty disorderly persons offense shall not bar presenting an application seeking expungement relief for the one criminal conviction and no more than three convictions for disorderly persons or petty disorderly persons offenses that are the subject of the application; or

the person has been convicted of multiple crimes or a combination of one or more crimes and one or more disorderly persons or petty disorderly persons offenses under the laws of this State, all of which are listed in a single judgment of conviction, and does not otherwise have any prior or subsequent conviction for another crime or offense in addition to those convictions included in the expungement application, whether any such conviction was within this State or any other jurisdiction; or

the person has been convicted of multiple crimes or a combination of one or more crimes and one or more disorderly persons or petty disorderly persons offenses under the laws of this State, which crimes or combination of crimes and offenses were interdependent or closely related in circumstances and were committed as part of a sequence of events that took place within a comparatively short period of time, regardless of the date of conviction or sentencing for each individual crime or offense, and the person does not otherwise have any prior or subsequent conviction for another crime or offense in addition to those convictions included in the expungement application, whether any such conviction was within this State or any other jurisdiction.

The person, if eligible, may present the expungement application after the expiration of a period of five years from the date of his most recent conviction, payment of fine, satisfactory completion of probation or parole, or release from incarceration, whichever is later. The term “fine” as used herein and throughout this section means and includes any fine, restitution, and other court-ordered financial assessment imposed by the court as part of the sentence for the conviction, for which payment of restitution takes precedence in accordance with chapter 46 of Title 2C of the New Jersey Statutes. The person shall submit the expungement application to the Superior Court in the county in which the conviction for the crime was adjudged, which contains a separate, duly verified petition as provided in N.J.S.2C:52-7 for each conviction sought to be expunged, praying that the conviction, or convictions if applicable, and all records and information pertaining thereto be expunged. The petition for each conviction appended to an application shall comply with the requirements set forth in N.J.S.2C:52-1 et seq.

Notwithstanding the provisions concerning the five-year time requirement, if a fine which is currently subject to collection under the comprehensive enforcement program established pursuant to P.L.1995, c.9 (C.2B:19-1 et al.) is not yet satisfied due to reasons other than willful noncompliance, but the time requirement of five years is otherwise satisfied, the person may submit the expungement application and the court may grant an expungement, provided, however, that if expungement is granted under this paragraph, the court shall provide for the continued collection of any outstanding amount owed that is necessary to satisfy the fine or the entry of civil judgment for the outstanding amount in accordance with section 8 of P.L.2017, c.244 (C.2C:52-23.1).

Additionally, an application may be filed and presented, and the court may grant an expungement pursuant to this section, although less than five years have expired in accordance with the time requirements when the court finds:

(1) the fine is satisfied but less than five years have expired from the date of satisfaction, and the time requirement of five years is otherwise satisfied, and the court finds that the person substantially complied with any payment plan ordered pursuant to N.J.S.2C:46-1 et seq., or could not do so due to compelling circumstances affecting his ability to satisfy the fine; or

(2) at least four but less than five years have expired from the date of the most recent conviction, payment of fine, satisfactory completion of probation or parole, or release from incarceration, whichever is later; and

the person has not been otherwise convicted of a crime, disorderly persons offense, or petty disorderly persons offense since the time of the most recent conviction; and the court finds in its discretion that expungement is in the public interest, giving due consideration to the nature of the offense or offenses, and the applicant’s character and conduct since the conviction or convictions.

In determining whether compelling circumstances exist for the purposes of paragraph (1) of this subsection, a court may consider the amount of the fine or fines imposed, the person’s age at the time of the offense or offenses, the person’s financial condition and other relevant circumstances regarding the person’s ability to pay.

b. Records of conviction pursuant to statutes repealed by this Code for the crimes of murder, manslaughter, treason, anarchy, kidnapping, rape, forcible sodomy, arson, perjury, false swearing, robbery, embracery, or a conspiracy or any attempt to commit any of the foregoing, or aiding, assisting or concealing persons accused of the foregoing crimes, shall not be expunged. Records of conviction for the following crimes specified in the New Jersey Code of Criminal Justice shall not be subject to expungement: N.J.S.2C:11-1 et seq. (Criminal Homicide), except death by auto as specified in N.J.S.2C:11-5 and strict liability vehicular homicide as specified in section 1 of P.L.2017, c.165 (C.2C:11-5.3); N.J.S.2C:13-1 (Kidnapping); section 1 of P.L.1993, c.291 (C.2C:13-6) (Luring or Enticing); section 1 of P.L.2005, c.77 (C.2C:13-8) (Human Trafficking); N.J.S.2C:14-2 (Sexual Assault or Aggravated Sexual Assault); subsection a. of N.J.S.2C:14-3 (Aggravated Criminal Sexual Contact); if the victim is a minor, subsection b. of N.J.S.2C:14-3 (Criminal Sexual Contact); if the victim is a minor and the offender is not the parent of the victim, N.J.S.2C:13-2 (Criminal Restraint) or N.J.S.2C:13-3 (False Imprisonment); N.J.S.2C:15-1 (Robbery); N.J.S.2C:17-1 (Arson and Related Offenses); subsection a. of N.J.S.2C:24-4 (Endangering the welfare of a child by engaging in sexual conduct which would impair or debauch the morals of the child, or causing the child other harm); paragraph (4) of subsection b. of N.J.S.2C:24-4 (Photographing or filming a child in a prohibited sexual act or for portrayal in a sexually suggestive manner); paragraph (3) of subsection b. of N.J.S.2C:24-4 (Causing or permitting a child to engage in a prohibited sexual act or the simulation of an act, or to be portrayed in a sexually suggestive manner); subparagraph (a) of paragraph (5) of subsection b. of N.J.S.2C:24-4 (Distributing, possessing with intent to distribute or using a file-sharing program to store items depicting the sexual exploitation or abuse of a child); subparagraph (b) of paragraph (5) of subsection b. of N.J.S.2C:24-4 (Possessing or viewing items depicting the sexual exploitation or abuse of a child); section 8 of P.L.2017, c.141 (C.2C:24-4.1) (Leader of a child pornography network); N.J.S.2C:28-1 (Perjury); N.J.S.2C:28-2 (False Swearing); paragraph (4) of subsection b. of N.J.S.2C:34-1 (Knowingly promoting the prostitution of the actor’s child); section 2 of P.L.2002, c.26 (C.2C:38-2) (Terrorism); subsection a. of section 3 of P.L.2002, c.26 (C.2C:38-3) (Producing or Possessing Chemical Weapons, Biological Agents or Nuclear or Radiological Devices); and conspiracies or attempts to commit such crimes.

Records of conviction for any crime committed by a person holding any public office, position or employment, elective or appointive, under the government of this State or any agency or political subdivision thereof and any conspiracy or attempt to commit such a crime shall not be subject to expungement if the crime involved or touched such office, position or employment.

c. In the case of conviction for the sale or distribution of a controlled dangerous substance or possession thereof with intent to sell, expungement shall be denied except where the crimes involve:

(1) Marijuana, where the total quantity sold, distributed or possessed with intent to sell was less than one ounce;

(2) Hashish, where the total quantity sold, distributed or possessed with intent to sell was less than five grams; or

(3) Any controlled dangerous substance provided that the conviction is of the third or fourth degree, where the court finds that compelling circumstances exist to grant the expungement. The prosecutor may object pursuant to section 11 of P.L.2019, c.269 (C.2C:52-10.1), N.J.S.2C:52-11, N.J.S.2C:52-14, or N.J.S.2C:52-24.

d. In the case of a State licensed physician or podiatrist convicted of an offense involving drugs or alcohol or pursuant to section 14 or 15 of P.L.1989, c.300 (C.2C:21-20 or 2C:21-4.1), the court shall notify the State Board of Medical Examiners upon receipt of a petition for expungement of the conviction and records and information pertaining thereto.

New Jersey Expungement Statutes
2C:52-3. Disorderly persons offenses and petty disorderly persons offenses

a. Any person who has been convicted of one or more disorderly persons or petty disorderly persons offenses under the laws of this State who has not been convicted of any crime, whether within this State or any other jurisdiction, may present an expungement application to a court pursuant to this section. Any person who has been convicted of one or more disorderly persons or petty disorderly persons offenses under the laws of this State who has also been convicted of one or more crimes shall not be eligible to apply for an expungement pursuant to this section, but may present an expungement application to the Superior Court pursuant to N.J.S.2C:52-2.
b. Any person who has been convicted of one or more disorderly persons or petty disorderly persons offenses under the laws of this State who has not been convicted of any crime, whether within this State or any other jurisdiction, may present an expungement application pursuant to this section to any court designated by the Rules of Court if:

the person has been convicted, under the laws of this State, on the same or separate occasions of no more than five disorderly persons offenses, no more than five petty disorderly persons offenses, or a combination of no more than five disorderly persons and petty disorderly persons offenses, and the person does not otherwise have any subsequent conviction for a disorderly persons or petty disorderly persons offense, whether within this State or any other jurisdiction, such that the total number of convictions for disorderly persons and petty disorderly persons offenses would exceed five. Subject to the provision of subsection e. of N.J.S.2C:52-14 requiring denial of an expungement petition when a person has had a previous criminal conviction expunged, a prior conviction for another disorderly persons offense or petty disorderly persons offense shall not bar presenting an application seeking expungement relief for the convictions that are the subject of the application, which may include convictions for no more than five disorderly persons or petty disorderly persons offenses, or combination thereof; or

the person has been convicted of multiple disorderly persons offenses or multiple petty disorderly persons offenses under the laws of this State, or a combination of multiple disorderly persons and petty disorderly persons offenses under the laws of this State, which convictions were entered on the same day, and does not otherwise have any subsequent conviction for another offense in addition to those convictions included in the expungement application, whether any such conviction was within this State or any other jurisdiction. Subject to the provision of subsection e. of N.J.S.2C:52-14 requiring denial of an expungement petition when a person has had a previous criminal conviction expunged, a prior conviction for another disorderly persons or petty disorderly persons offense that was not entered on the same day shall not bar presenting an application seeking expungement relief for the convictions entered on the same day that are the subject of the application; or

the person has been convicted of multiple disorderly persons offenses or multiple petty disorderly persons offenses under the laws of this State, or a combination of multiple disorderly persons and petty disorderly persons offenses under the laws of this State, which offenses or combination of offenses were interdependent or closely related in circumstances and were committed as part of a sequence of events that took place within a comparatively short period of time, regardless of the date of conviction or sentencing for each individual offense, and the person does not otherwise have any subsequent conviction for another offense in addition to those convictions included in the expungement application, whether within this State or any other jurisdiction. Subject to the provision of subsection e. of N.J.S.2C:52-14 requiring denial of an expungement petition when a person has had a previous criminal conviction expunged, a prior conviction for another disorderly persons offense or petty disorderly persons offense that was not interdependent or closely related in circumstances and was not committed within a comparatively short period of time as described above shall not bar presenting an application seeking expungement relief for the convictions of offenses that were interdependent or closely related and committed within a comparatively short period of time, and that are the subject of the application.

For purposes of determining eligibility to present an expungement application to the court pursuant to this section, a conviction for unlawful distribution of, or possessing or having under control with intent to distribute, marijuana or hashish in violation of paragraph (11) of subsection b. of N.J.S.2C:35-5, or a lesser amount of marijuana or hashish in violation of paragraph (12) of subsection b. of that section, or a violation of either of those paragraphs and a violation of subsection a. of section 1 of P.L.1987, c.101 (C.2C:35-7) or subsection a. of section 1 of P.L.1997, c.327 (C.2C:35-7.1), for distributing, or possessing or having under control with intent to distribute, on or within 1,000 feet of any school property, or on or within 500 feet of the real property comprising a public housing facility, public park, or public building, or for obtaining or possessing marijuana or hashish in violation of paragraph (3) of subsection a. of N.J.S.2C:35-10, or for an equivalent crime in another jurisdiction, regardless of when the conviction occurred, shall not be considered a conviction of a crime within this State or any other jurisdiction but shall instead be considered a conviction of a disorderly persons offense within this State or an equivalent category of offense within the other jurisdiction, and a conviction for obtaining, possessing, using, being under the influence of, or failing to make lawful disposition of marijuana or hashish in violation of paragraph (4) of subsection a., or subsection b., or subsection c. of N.J.S.2C:35-10, or a violation involving marijuana or hashish as described herein and using or possessing with intent to use drug paraphernalia with that marijuana or hashish in violation of N.J.S.2C:36-2, or for an equivalent crime or offense in another jurisdiction, regardless of when the conviction occurred, shall not be considered a conviction within this State or any other jurisdiction.

The person, if eligible, may present the expungement application after the expiration of a period of five years from the date of his most recent conviction, payment of any court-ordered financial assessment, satisfactory completion of probation or parole, or release from incarceration, whichever is later. The term “court-ordered financial assessment” as used herein and throughout this section means and includes any fine, fee, penalty, restitution, and other form of financial assessment imposed by the court as part of the sentence for the conviction or convictions that are the subject of the application, for which payment of restitution takes precedence in accordance with chapter 46 of Title 2C of the New Jersey Statutes. The person shall submit the expungement application to a court in the county in which the most recent conviction for a disorderly persons or petty disorderly persons offense was adjudged, which includes a duly verified petition as provided in N.J.S.2C:52-7 praying that the conviction, or convictions if applicable, and all records and information pertaining thereto be expunged. The petition appended to an application shall comply with the requirements of N.J.S.2C:52-1 et seq.

Notwithstanding the provisions of the five-year time requirement, if, at the time of application, a court-ordered financial assessment subject to collection under the comprehensive enforcement program established pursuant to P.L.1995, c.9 (C.2B:19-1 et al.) is not yet satisfied due to reasons other than willful noncompliance, but the time requirement of five years is otherwise satisfied, the person may submit the expungement application and the court may grant an expungement; provided, however, that the court shall enter a civil judgment for the unpaid portion of the court-ordered financial assessment in the name of the Treasurer, State of New Jersey and transfer collections and disbursement responsibility to the State Treasurer for the outstanding amount in accordance with section 8 of P.L.2017, c.244 (C.2C:52-23.1). The Treasurer may specify, and the Administrative Office of the Courts shall collaborate with, the technical and informational standards required to effectuate the transfer of the collection and disbursement responsibilities. Notwithstanding any provision in this law or any other law to the contrary, the court shall have sole discretion to amend the judgment. Additionally, an application may be filed and presented, and the court may grant an expungement pursuant to this section, although less than five years have expired in accordance with the time requirements when the court finds:

(1) the court-ordered financial assessment is satisfied but less than five years have expired from the date of satisfaction, and the five-year time requirement is otherwise satisfied, and the court finds that the person substantially complied with any payment plan ordered pursuant to N.J.S.2C:46-1 et seq., or could not do so due to compelling circumstances affecting his ability to satisfy the assessment; or

(2) at least three but less than five years have expired from the date of the most recent conviction, payment of any court-ordered financial assessment, satisfactory completion of probation or parole, or release from incarceration, whichever is later; and
the person has not been otherwise convicted of a crime, disorderly persons offense, or petty disorderly persons offense since the time of the most recent conviction; and the court finds in its discretion that compelling circumstances exist to grant the expungement. The prosecutor may object pursuant to section 11 of P.L.2019, c.269 (C.2C:52-10.1), N.J.S.2C:52-11, N.J.S.2C:52-14, or N.J.S.2C:52-24.

In determining whether compelling circumstances exist for the purposes of paragraph (1) of this subsection, a court may consider the amount of any court-ordered financial assessment imposed, the person’s age at the time of the offense or offenses, the person’s financial condition and other relevant circumstances regarding the person’s ability to pay.

New Jersey Expungement Statutes
2C:52-4. Ordinances

In all cases wherein a person has been found guilty of violating a municipal ordinance of any governmental entity of this State and who has not been convicted of any prior or subsequent crime, whether within this State or any other jurisdiction, and who has not been adjudged a disorderly person or petty disorderly person on more than two occasions, may, after the expiration of a period of 2 years from the date of his conviction, payment of fine, satisfactory completion of probation or release from incarceration, whichever is later, present a duly verified petition as provided in section 2C:52-7 herein to the Superior Court in the county in which the violation occurred praying that such conviction and all records and information pertaining thereto be expunged.

New Jersey Expungement Statutes
2C:52-4.1. Juvenile delinquent; expungement of adjudications and charges

a. Any person adjudged a juvenile delinquent may have such adjudication expunged as follows:

(1) Pursuant to N.J.S.2C:52-2, if the act committed by the juvenile would have constituted a crime if committed by an adult;

(2) Pursuant to N.J.S.2C:52-3, if the act committed by the juvenile would have constituted a disorderly or petty disorderly persons offense if committed by an adult; or

(3) Pursuant to N.J.S.2C:52-4, if the act committed by the juvenile would have constituted an ordinance violation if committed by an adult.

For purposes of expungement, any act which resulted in a juvenile being adjudged a delinquent shall be classified as if that act had been committed by an adult.

b. Additionally, any person who has been adjudged a juvenile delinquent may have his entire record of delinquency adjudications expunged if:

(1) Five years have elapsed since the final discharge of the person from legal custody or supervision or 5 years have elapsed after the entry of any other court order not involving custody or supervision, except that periods of post-incarceration supervision pursuant to section 25 of P.L.1982, c. 77 (C.2A:4A-44), shall not be considered in calculating the five-year period for purposes of this paragraph;

(2) He has not been convicted of a crime, or a disorderly or petty disorderly persons offense, or adjudged a delinquent, or in need of supervision, during the 5 years prior to the filing the petition, and no proceeding or complaint is pending seeking such a conviction or adjudication, except that periods of post-incarceration supervision pursuant to section 25 of P.L.1982, c. 77 (C.2A:4A-44), shall not be considered in calculating the five-year period for purposes of this paragraph;

(3) He was never adjudged a juvenile delinquent on the basis of an act which if committed by an adult would constitute a crime not subject to expungement under N.J.S.2C:52-2;

(4) He has never had an adult conviction expunged; and

(5) He has never had adult criminal charges dismissed following completion of a supervisory treatment or other diversion program.

c. Any person who has been charged with an act of delinquency and against whom proceedings were dismissed may have the filing of those charges expunged pursuant to the provisions of N.J.S.2C:52-6.

New Jersey Expungement Statutes
2C:52-5. Expungement of records of young drug offenders

Notwithstanding the provisions of sections 2C:52-2 and 2C:52-3, after a period of not less than one year following conviction, termination of probation or parole or discharge from custody, whichever is later, any person convicted of an offense under chapters 35 or 36 of this title for the possession or use of a controlled dangerous substance, convicted of violating P.L.1955, c. 277, § 3 (C. 2A:170-77.5), [FN1] or convicted of violating P.L.1962, c. 113, § 1 (C. 2A:170-77.8), and who at the time of the offense was 21 years of age or younger, may apply to the Superior Court in the county wherein the matter was disposed of for the expungement of such person’s conviction and all records pertaining thereto. The relief of expungement under this section shall be granted only if said person has not, prior to the time of hearing, violated any of the conditions of his probation or parole, albeit subsequent to discharge from probation or parole, has not been convicted of any previous or subsequent criminal act or any subsequent or previous violation of chapters 35 or 36 of this title or of P.L.1955, c. 277, § 3 (C. 2A:170-77.5) or of P.L.1962, c. 113, § 1 (C. 2A:170-77.8), or who has not had a prior or subsequent criminal matter dismissed because of acceptance into a supervisory treatment or other diversion program.

This section shall not apply to any person who has been convicted of the sale or distribution of a controlled dangerous substance or possession with the intent to sell any controlled dangerous substance except:

(1) Marihuana, where the total sold, distributed or possessed with intent to sell was 25 grams or less, or

(2) Hashish, where the total amount sold, distributed or possessed with intent to sell was 5 grams or less.

New Jersey Expungement Statutes
2C:52-5.3 “Clean slate” expungement by petition

a. A person, who is not otherwise eligible to present an expungement application pursuant to any other section of chapter 52 of Title 2C of the New Jersey Statutes or other section of law, may present an expungement application to the Superior Court pursuant to this section if the person has been convicted of one or more crimes, one or more disorderly persons or petty disorderly persons offenses, or a combination of one or more crimes and offenses under the laws of this State, unless the person has a conviction for a crime which is not subject to expungement pursuant to subsection b. or c. of N.J.S.2C:52-2. The person may present an application pursuant to this section regardless of whether the person would otherwise be ineligible pursuant to subsection e. of N.J.S.2C:52-14 for having had a previous criminal conviction expunged, or due to having been granted an expungement pursuant to this or any other provision of law.

b. The person, if eligible, may present the expungement application after the expiration of a period of ten years from the date of the person’s most recent conviction, payment of any court-ordered financial assessment, satisfactory completion of probation or parole, or release from incarceration, whichever is later. The term “court-ordered financial assessment” as used herein and throughout this section means and includes any fine, fee, penalty, restitution, and other form of financial assessment imposed by the court as part of the sentence for the conviction or convictions that are the subject of the application, for which payment of restitution takes precedence in accordance with chapter 46 of Title 2C of the New Jersey Statutes. The person shall submit the expungement application to the Superior Court in the county in which the most recent conviction for a crime or offense was adjudged, which includes a duly verified petition as provided in N.J.S.2C:52-7 praying that all the person’s convictions, and all records and information pertaining thereto, be expunged. The petition appended to an application shall comply with the requirements set forth in N.J.S.2C:52-1 et seq.

c. Notwithstanding the provisions concerning the five-year time requirement, if, at the time of application, a court-ordered financial assessment subject to collection under the comprehensive enforcement program established pursuant to P.L.1995, c.9 (C.2B:19-1 et al.) is not yet satisfied due to reasons other than willful noncompliance, but the time requirement of ten years is otherwise satisfied, the person may submit the expungement application and the court shall grant an expungement in accordance with this section; provided, however, that at the time of the expungement the court shall enter a civil judgment for the unpaid portion of the court-ordered financial assessment in the name of the Treasurer, State of New Jersey and transfer collection and disbursement responsibility to the State Treasurer for the outstanding amount in accordance with section 8 of P.L.2017, c.244 (C.2C:52-23.1). The Treasurer may specify, and the Administrative Office of the Courts shall collaborate with, the technical and informational standards required to effectuate the transfer of the collection and disbursement responsibilities. Notwithstanding any provision in this law or any other law to the contrary, the court shall have sole discretion to amend the judgment.

d. No expungement applications may be filed pursuant to this section after the establishment of the automated “clean slate” process pursuant to subsection a. of section 8 of P.L.2019, c.269 (C.2C:52-5.4).

New Jersey Expungement Statutes
2C:52-6. Arrests not resulting in conviction

a. In all cases, except as herein provided, wherein a person has been arrested or held to answer for a crime, disorderly persons offense, petty disorderly persons offense or municipal ordinance violation under the laws of this State or of any governmental entity thereof and against whom proceedings were dismissed, or who was acquitted, or who was discharged without a conviction or finding of guilt, may at any time following the disposition of proceedings, present a duly verified petition as provided in section 2C:52-7 to the Superior Court in the county in which the disposition occurred praying that records of such arrest and all records and information pertaining thereto be expunged.

b. Any person who has had charges dismissed against him pursuant to P.L.1970, c. 226, § 27 (C. 24:21-27) or pursuant to a program of supervisory treatment, shall be barred from the relief provided in this section until 6 months after the entry of the order of dismissal.

c. Any person who has been arrested or held to answer for a crime shall be barred from the relief provided in this section where the dismissal, discharge, or acquittal resulted from a determination that the person was insane or lacked the mental capacity to commit the crime charged.

New Jersey Expungement Statutes
2C:52-7. Petition for expungement

Every petition for expungement filed pursuant to this chapter shall be verified and include:

a. Petitioner’s date of birth.

b. Petitioner’s date of arrest.

c. The statute or statutes and offense or offenses for which petitioner was arrested and of which petitioner was convicted.

d. The original indictment, summons or complaint number.

e. Petitioner’s date of conviction, or date of disposition of the matter if no conviction resulted.

f. The court’s disposition of the matter and the punishment imposed, if any.

New Jersey Expungement Statutes
2C:52-8. Statements to accompany petition

There shall be attached to a petition for expungement:

a. A statement with the affidavit or verification that there are no disorderly persons, petty disorderly persons or criminal charges pending against the petitioner at the time of filing of the petition for expungement.

b. In those instances where the petitioner is seeking the expungement of a criminal conviction, a statement with affidavit or verification that he has never been granted expungement, sealing or similar relief regarding a criminal conviction by any court in this State or other state or by any Federal court. “Sealing” refers to the relief previously granted pursuant to P.L.1973, c. 191 (C. 2A:85-15 et seq.) [FN1].

c. In those instances where a person has received a dismissal of a criminal charge because of acceptance into a supervisory treatment or any other diversion program, a statement with affidavit or verification setting forth the nature of the original charge, the court of disposition and date of disposition.

New Jersey Expungement Statutes
2C:52-9. Order fixing time for hearing

Upon the filing of a petition for relief pursuant to this chapter, the court shall, by order, fix a time not less than 35 nor more than 60 days thereafter for hearing of the matter.

New Jersey Expungement Statutes
2C:52-10. Service of petition and documents

A copy of each petition, together with a copy of all supporting documents, shall be served pursuant to the rules of court upon the Superintendent of State Police; the Attorney General; the county prosecutor of the county wherein the court is located; the chief of police or other executive head of the police department of the municipality wherein the offense was committed; the chief law enforcement officer of any other law enforcement agency of this State which participated in the arrest of the individual; the superintendent or warden of any institution in which the petitioner was confined; and, if a disposition was made by a municipal court, upon the magistrate of that court. Service shall be made within 5 days from the date of the order setting the date for the hearing upon the matter.

New Jersey Expungement Statutes
2C:52-11. Order directing expungement where no objection prior to hearing

If, prior to the hearing, there is no objection from those law enforcement agencies notified or from those offices or agencies which are required to be served under 2C:52-10, and no reason, as provided in section 2C:52-14, appears to the contrary, the court may, without a hearing, grant an order directing the clerk of the court and all relevant criminal justice and law enforcement agencies to expunge records of said disposition including evidence of arrest, detention, conviction and proceedings related thereto.

New Jersey Expungement Statutes
2C:52-12. Denial of relief although no objection entered

In the event that none of the persons or agencies required to be noticed under 2C:52-10 has entered any objection to the relief being sought, the court may nevertheless deny the relief sought if it concludes that petitioner is not entitled to relief for the reasons provided in section 2C:52-14.

New Jersey Expungement Statutes
2C:52-13. When hearing on petition for expungement shall not be held

No petition for relief made pursuant to this section shall be heard by any court if the petitioner, at the time of filing or date of hearing, has a charge or charges pending against him which allege the commission of a crime, disorderly persons offense or petty disorderly persons offense. Such petition shall not be heard until such times as all pending criminal and or disorderly persons charges are adjudicated to finality.

New Jersey Expungement Statutes
2C:52-14. Grounds for denial of relief

A petition for expungement filed pursuant to this chapter shall be denied when:

a. Any statutory prerequisite, including any provision of this chapter, is not fulfilled or there is any other statutory basis for denying relief.

b. The need for the availability of the records outweighs the desirability of having a person freed from any disabilities as otherwise provided in this chapter. An application may be denied under this subsection only following objection of a party given notice pursuant to 2C:52-10 and the burden of asserting such grounds shall be on the objector, except that in regard to expungement sought for third or fourth degree drug offenses pursuant to paragraph (3) of subsection c. of N.J.S.2C:52-2, the court shall consider whether this factor applies regardless of whether any party objects on this basis.

c. In connection with a petition under section 2C:52-6, the acquittal, discharge or dismissal of charges resulted from a plea bargaining agreement involving the conviction of other charges. This bar, however, shall not apply once the conviction is itself expunged.

d. The arrest or conviction sought to be expunged is, at the time of hearing, the subject matter of civil litigation between the petitioner or his legal representative and the State, any governmental entity thereof or any State agency and the representatives or employees of any such body.

e. A person has had a previous criminal conviction expunged regardless of the lapse of time between the prior expungement or sealing under prior law, and the present petition. This provision shall not apply:

(1) When the person is seeking the expungement of a municipal ordinance violation or,

(2) When the person is seeking the expungement of records pursuant to section 2C:52-6.

New Jersey Expungement Statutes
2C:52-15. Records to be removed; control

If an order of expungement of records of arrest or conviction under this chapter is granted by the court, all the records specified in said order shall be removed from the files of the agencies which have been noticed of the pendency of petitioner’s motion and which are, by the provisions of this chapter, entitled to notice, and shall be placed in the control of a person who has been designated by the head of each such agency which, at the time of the hearing, possesses said records. That designated person shall, except as otherwise provided in this chapter, ensure that such records or the information contained therein are not released for any reason and are not utilized or referred to for any purpose. In response to requests for information or records of the person who was arrested or convicted, all noticed officers, departments and agencies shall reply, with respect to the arrest, conviction or related proceedings which are the subject of the order, that there is no record information.

New Jersey Expungement Statutes
2C:52-16. Expunged record including names of persons other than petitioner

Any record or file which is maintained by a judicial or law enforcement agency, or agency in the criminal justice system, which is the subject of an order of expungement which includes the name or names of persons other than that of the petitioner need not be isolated from the general files of the agency retaining same if the other persons named in said record or file have not been granted an order of expungement of said record, provided that a copy of the record shall be given to the person designated in 2C:52-15 and the original shall remain in the agency’s general files with the petitioner’s name and other personal identifiers obliterated and deleted.

New Jersey Expungement Statutes
2C:52-17. Use of expunged records by agencies on pending petition for expungement

Expunged records may be used by the agencies that possess same to ascertain whether a person has had a prior conviction expunged, or sealed under prior law when the agency possessing the record is noticed of a pending petition for the expungement of a conviction. Any such agency may supply information to the court wherein the motion is pending and to the other parties who are entitled to notice pursuant to 2C:52-10.

New Jersey Expungement Statutes
2C:52-18. Supplying information to violent crimes compensation board

Information contained in expunged records may be supplied to the Violent Crimes Compensation Board, in conjunction with any claim which has been filed with said board.

New Jersey Expungement Statutes
2C:52-19. Order of superior court permitting inspection of records or release of information; limitations

Inspection of the files and records, or release of the information contained therein, which are the subject of an order of expungement, or sealing under prior law, may be permitted by the Superior Court upon motion for good cause shown and compelling need based on specific facts. The motion or any order granted pursuant thereto shall specify the person or persons to whom the records and information are to be shown and the purpose for which they are to be utilized. Leave to inspect shall be granted by the court only in those instances where the subject matter of the records of arrest or conviction is the object of litigation or judicial proceedings. Such records may not be inspected or utilized in any subsequent civil or criminal proceeding for the purposes of impeachment or otherwise but may be used for purposes of sentencing on a subsequent offense after guilt has been established.

New Jersey Expungement Statutes
2C:52-20. Use of expunged records in conjunction with supervisory treatment or diversion programs

Expunged records may be used by any judge in determining whether to grant or deny the person’s application for acceptance into a supervisory treatment or diversion program for subsequent charges. Any expunged records which are possessed by any law enforcement agency may be supplied to the Attorney General, any county prosecutor or judge of this State when same are requested and are to be used for the purpose of determining whether or not to accept a person into a supervisory treatment or diversion program for subsequent charges.

New Jersey Expungement Statutes
2C:52-21. Use of expunged records in conjunction with setting bail, presentence report or sentencing

Expunged records, or sealed records under prior law, of prior arrests or convictions shall be provided to any judge, county prosecutor, probation department or the Attorney General when same are requested for use in conjunction with a bail hearing or for the preparation of a presentence report or for purpose of sentencing.

New Jersey Expungement Statutes
2C:52-22. Use of expunged records by parole board

Expunged records, or sealed records under prior law, of prior disorderly persons, petty disorderly persons and criminal convictions shall be provided to the Parole Board when same are requested for the purpose of evaluating the granting of parole to the person who is the subject of said records. Such sealed or expunged records may be used by the Parole Board in the same manner and given the same weight in its considerations as if the records had not been expunged or sealed.

New Jersey Expungement Statutes
2C:52-23. Use of expunged records by department of corrections

Expunged records, and records sealed under prior law, shall be provided to the Department of Corrections for its use solely in the classification, evaluation and assignment to correctional and penal institutions of persons placed in its custody.

New Jersey Expungement Statutes
2C:52-24. County prosecutor’s obligation to ascertain propriety of petition

Notwithstanding the notice requirements provided herein, it shall be the obligation of the county prosecutor of the county wherein any petition for expungement is filed to verify the accuracy of the allegations contained in the petition for expungement and to bring to the court’s attention any facts which may be a bar to, or which may make inappropriate the granting of, such relief. If no disabling, adverse or relevant information is ascertained other than that as included in the petitioner’s affidavit, such facts shall be communicated by the prosecutor to the hearing judge.

New Jersey Expungement Statutes
2C:52-25. Retroactive application

This chapter shall apply to arrests and convictions which occurred prior to, and which occur subsequent to, the effective date of this act.

New Jersey Expungement Statutes
2C:52-26. Vacating of orders of sealing; time; basis

If, within 5 years of the entry of an expungement order, any party to whom notice is required to be given pursuant to section 2C:52-10 notifies the court which issued the order that at the time of the petition or hearing there were criminal, disorderly persons or petty disorderly persons charges pending against the person to whom the court granted such order, which charges were not revealed to the court at the time of hearing of the original motion or that there was some other statutory disqualification, said court shall vacate the expungement order in question and reconsider the original motion in conjunction with the previously undisclosed information.

New Jersey Expungement Statutes
2C:52-27. Effect of expungement

Unless otherwise provided by law, if an order of expungement is granted, the arrest, conviction and any proceedings related thereto shall be deemed not to have occurred, and the petitioner may answer any questions relating to their occurrence accordingly, except as follows:

a. The fact of an expungement, sealing or similar relief shall be disclosed as provided in section 2C:52-8b.

b. The fact of an expungement of prior charges which were dismissed because of the person’s acceptance into and successful completion of a supervisory treatment or other diversion program shall be disclosed by said person to any judge who is determining the propriety of accepting said person into a supervisory treatment or other diversion program for subsequent criminal charges; and

c. Information divulged on expunged records shall be revealed by a petitioner seeking employment within the judicial branch or with a law enforcement or corrections agency and such information shall continue to provide a disability as otherwise provided by law.

New Jersey Expungement Statutes
2C:52-27.1. Practitioners convicted of health care claims fraud; rescission of debarment order

a. If an order of expungement of records of conviction under the provisions of chapter 52 of Title 2C of the New Jersey Statutes is granted by the court to a person convicted of health care claims fraud in which the court had ordered the offender’s professional license be forfeited and the person be forever barred from the practice of the profession pursuant to paragraph (1) of subsection a. of section 4 of P.L.1997, c. 353 (C.2C:51-5), the person may petition the court for an order to rescind the court’s order of debarment if the person can demonstrate that the person is sufficiently rehabilitated.

b. If an order to rescind the court’s order of debarment is granted, the person granted the order may apply to be licensed to practice the profession from which the offender was barred.

New Jersey Expungement Statutes
2C:52-28. Motor vehicle offenses

Nothing contained in this chapter shall apply to arrests or conviction for motor vehicle offenses contained in Title 39.

New Jersey Expungement Statutes
2C:52-29. Fee

Any person who files an application pursuant to this chapter shall pay to the State Treasurer a fee of $75.00 to defer administrative costs in processing an application hereunder.

New Jersey Expungement Statutes
2C:52-30. Disclosure of expungement order

Except as otherwise provided in this chapter, any person who reveals to another the existence of an arrest, conviction or related legal proceeding with knowledge that the records and information pertaining thereto have been expunged or sealed is a disorderly person. Notwithstanding the provisions of section 2C:43-3, the maximum fine which can be imposed for violation of this section is $200.00.

New Jersey Expungement Statutes
2C:52-31. Limitation

Nothing provided in this chapter shall be interpreted to permit the expungement of records contained in the Controlled Dangerous Substances Registry created pursuant to P.L.1970, c. 227 (C. 26:2G-17 et seq.), [FN1] or the registry created by the Administrative Office of the Courts pursuant to section 2C:43-21.

New Jersey Expungement Statutes
2C:52-32. Construction

This chapter shall be construed with the primary objective of providing relief to the one-time offender who has led a life of rectitude and disassociated himself with unlawful activity, but not to create a system whereby periodic violators of the law or those who associate themselves with criminal activity have a regular means of expunging their police and criminal records.

Q22. When does the waiting period for my conviction and/or arrest start?

After you determine how long you must wait to expunge your conviction, you must then calculate when your start time begins to run. You must calculate your waiting period using a correct starting time to ensure accuracy. If you miscalculate the start time, you run the risk of your expungement being denied. If you are denied, the court may deny you the opportunity to re-apply for expungement. Below is a summary of the start times for the New Jersey expungement options:

1. Indictable Offense(s) (Crime(s))
   • Five (5) years or Four (4) years if early pathway from

     date of conviction, payment of fines, satisfactory completion of probation or parole, or release from incarceration, WHICHEVER IS LATER.

     Note: The New Jersey Statute states a 4-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 “compelling circumstances” exist. 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..[.]”

2. Disorderly Persons Offense(s) and Petty Disorderly Offense(s) (Misdemeanors)
   • Five (5) or Three (3) years if early pathway from

     date of conviction, payment of fines, satisfactory completion of probation or parole, or release from incarceration, WHICHEVER IS LATER.

     Note: The New Jersey Statute states 3-year waiting requirement for a disorderly persons offense or petty disorderly persons offense is permitted if the court finds that “compelling circumstances” exist. Under this “early pathway” scenario, the petitioner has the burden of proving to the court that that “compelling circumstances” exist. 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.

3. Municipal Ordinance Violation(s)
   • Two (2) years from

     date of conviction, payment of fines, satisfactory completion of probation or parole, or release from incarceration, WHICHEVER IS LATER.

4. Clean Slate
   • Ten (10) years from

     date of conviction, payment of fines, satisfactory completion of probation or parole, or release from incarceration, WHICHEVER IS LATER.

5. Young Drug Offenders
   • One (1) year from

     date of conviction, termination of probation or parole or discharge from custody, WHICHEVER IS LATER.

6. Diversion/Supervisory Treatment Program – Pre-Trial Intervention (PTI), Conditional Discharge, or Conditional Dismissal
   • Six-month waiting period from

     the entry of the order of dismissal.

7. Dismissal, Acquittal, Discharge Without a Conviction or Finding of Guilt. (Arrest)
   • • from the entry of the order of dismissal

   Note: The 2020 New Jersey Statute states that a person that has been arrested or held to answer for a crime or any lesser offense and the proceedings against the person were dismissed, the person was acquitted, or the person was discharged without a conviction or finding of guilt shall be ordered an expungement by the court at the time of dismissal (without a waiting period) upon proper application to the Superior Court pursuant to procedures developed by the Administrative Office of the Courts. There is no fee to apply for an expungement pursuant to procedures developed by the Administrative Office of the Courts. However, if the petitioner does not apply for an expungement at the time of dismissal, the petitioner must file a a duly verified petition as provided in N.J.S.A.2C:52-7 to the Superior Court. There is no fee to apply for an expungement of an arrest or charge not resulting in a conviction where a petition is filed after the court’s disposition.

   Additional Note: The law provides that an expungement under this section shall not be ordered where the dismissal, acquittal, or discharge resulted from a plea bargaining agreement resulting in the conviction of other charges, but that this bar does not apply once the conviction resulting from the plea agreement is expunged.

Q23. Can I expunge my criminal record if I have multiple convictions? (2020 New Jersey Statute)

Multiple Convictions / Expungement Eligibility Chart

Indictable Offenses One conviction may be expunged (and up to three (3) disorderly persons offenses) Disorderly Persons Offenses (Including Petty Disorderly Persons Offenses) Up to five (5) convictions may be expunged provided petitioner has no indictable offense (crime) convictions Municipal Ordinance Violations No limit provided petitioner has no indictable offense (crime) and no more than two (2) disorderly persons offense convictions Juvenile Delinquency Offenses All records subject to expungement except those which would be ineligible if committed by an adult Records of Young Drug Offenders No limit If conviction is for possession or use of CDS Arrests Not Resulting in Conviction No Limit Clean Slate No Limit

Q24. What types of criminal offenses are there in New Jersey?

There are four (4) general categories of offenses in New Jersey:

1. Indictable Offenses (Crimes)
2. Disorderly Persons Offenses or Petty Disorderly Persons Offenses
3. Municipal Ordinance Violations
4. Motor Vehicle or Traffic Offenses

An indictable offense is a “criminal” offense. All other categories of offenses, including motor vehicle or traffic offenses, disorderly persons or petty disorderly persons offenses, and municipal ordinance violations in New Jersey are not considered “criminal” offenses.” Such offenses are considered lesser offenses. All indictable offenses or crimes are tried in the Superior Court in the county in which the alleged crime took place. All lesser offenses are tried in the municipal courts of limited jurisdiction.

Q25. What is an indictable offense (crime)? (New Jersey)

What is known as a “felony” in many other states is an indictable offense in New Jersey. There is no such thing as a felony in New Jersey. New Jersey abolished the felony/misdemeanor classification years ago. Indictable offenses are classified into 1st, 2nd, 3rd, and 4th degrees. “Indictable” means that a grand jury has found that there is enough evidence to support a formal charge and require that the defendant stand trial for the crime. In New Jersey, crimes are offenses that carry sentences of six (6) months of jail or more.

• First degree crimes include murder, manslaughter, drug distribution (large quantities) aggravated sexual assault, and rape. You can be sentenced to 10 to 20 years in prison.
• Second degree crimes include certain sex crimes, aggravated arson, burglary, robbery with a weapon, kidnapping, white collar crimes, drug crimes (small quantities) or another 2nd-degree crime. You can be sentenced to 5 to 10 years in prison.
• Third degree crimes can include arson, some robbery offenses, some driving under the influence (DUI) offenses, possession of cocaine, ecstasy, or heroin (controlled substances), possession of a handgun, certain thefts, aggravated assault, or another 3rd-degree crime. You can be sentenced to serve up to 5 years in prison.
• Fourth degree crimes include unauthorized use of a motor vehicle, some charges involving assault and threat crimes, possession of marijuana, criminal sexual contact, stalking, some robbery offenses, some DUI offenses, forgery, or another 4th -degree crime. You can be sentenced to serve up to 18 months in prison.

Note: Some crimes are classified at different degrees depending on whether the crime is a first or subsequent offense.

Q26. What are the requirements to expunge an indictable offense (crime)? (New Jersey)

Indictable Offense (Crime)

• Statute: N.J.S.A. 2C:52-2
• Waiting Period: Five (5) or Three (3) years if early pathway from date of conviction, payment of fines, satisfactory completion of probation or parole, or release from incarceration, whichever is later.
• Other Convictions: No other prior or subsequent indictable offenses (crimes) in New Jersey or elsewhere, no more than two other disorderly persons or petty disorderly persons offenses.
• Other: The person seeking expungement must have at least five years expired from the date of the conviction, payment of fine, completion of probation or parole, or release from incarceration, whichever is later. The person cannot be convicted of a crime, disorderly persons offense or petty disorderly persons offense since the time of conviction.
• Certain convictions may not be expunged (See Question, “What types of convictions CANNOT be expunged?” in our manual or resource center).

Q27. What is a disorderly persons or petty disorderly persons offense? (New Jersey)

What is known as a “misdemeanor” in many other states is a disorderly persons offense or petty disorderly persons offense in New Jersey. A disorderly persons offense or petty disorderly persons offense is often referred to as a misdemeanor. There is no such thing as a misdemeanor in New Jersey. New Jersey abolished the felony/misdemeanor classification years ago In New Jersey, disorderly persons offense(s) or petty disorderly persons offense(s) are offenses that carry sentences of six (6) months of jail or less. The most frequent types of disorderly persons offenses are:

• Underage Possession of Alcohol
• Simple Assault
• Possession of a Fake ID
• Possession of Less than 50 Grams of Marijuana
• Possession of Drug Paraphernalia
• Harassment
• Shoplifting (in an amount less than $200)
• Disorderly Conduct
• Resisting Arrest
• Bad Checks
• Lewdness

Q28. What are the requirements to expunge a disorderly persons or petty disorderly persons offense? (New Jersey)

Disorderly Persons Offenses and Petty Disorderly Offenses are expungeable if the following requirements are met:

• Statute: N.J.S.A. 2C:52-3
• Waiting Period: Five (5) years or Three (3) years if early pathway from date of conviction, payment of fines, satisfactory completion of probation or parole, or release from incarceration.
• Other: A recent amendment also allows for expungements to be filed for adjudications of disorderly persons offenses or petty disorderly persons offenses that previously require a 5-year waiting period to be relaxed to a three-year waiting period. The person seeking expungement must have at least three years expired from the date of the conviction, payment of fine, completion of probation or parole, or release from incarceration, whichever is later. The statute also allows a person to seek the expungement of up to three disorderly persons or petty disorderly persons convictions 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., under a “compelling circumstances” finding (early pathway case). 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.

Q29. What is a municipal ordinance? (New Jersey)

A municipal ordinance is a law passed by local government, such as city, town, village, or borough, as opposed to the State. Ordinances are enacted to maintain public safety, health, morals, and general welfare. Ordinances may deal with prohibited prescribed levels of noise, public streets and sidewalks, parking, snow removal, littering, public urination, zoning, restrictions on pets. In addition, ordinance violations include drinking in public, having an open container, underage drinking, building code violations, shoplifting, disobedience to lawful orders, harassment, domestic violence, and disturbing the peace.

Q30. What are the requirements to expunge a municipal ordinance violation? (New Jersey)

Municipal Ordinance Violations are expungeable if the following requirements are met:

• Statute: N.J.S.A. 2C:52-4
• Waiting Period: Two years from date of conviction, payment of fines, satisfactory completion of probation or parole, or release from incarceration.
• Other Convictions: No crimes (indictable offenses) in New Jersey or elsewhere, no more than two other disorderly persons or petty disorderly persons offenses.

Q31. What are the requirements to expunge an arrest not resulting in conviction? (New Jersey)

Due to Acquittal, Dismissal or Discharge without a conviction or No Finding of Guilt are expungeable if the following requirements are met:

• Statute: N.J.S.A. 2C:52-6
• Waiting Period: None, statute says “at any time,” except for six-month wait required for a Diversion/Supervisory Treatment Program for certain first offenses — see also N.J.S.A. 2C35-36.
• Note: The New Jersey Statute now states that a person that has been arrested or held to answer for a crime or any lesser offense and the proceedings against the person were dismissed, the person was acquitted, or the person was discharged without a conviction or finding of guilt shall be ordered an expungement by the court at the time of dismissal (without a waiting period) upon proper application to the Superior Court pursuant to procedures developed by the Administrative Office of the Courts. There is no fee to apply for an expungement pursuant to procedures developed by the Administrative Office of the Courts. However, if the petitioner does not apply for an expungement at the time of dismissal, the petitioner must file a a duly verified petition as provided in N.J.S.A.2C:52-7 to the Superior Court. There is no fee to apply for an expungement of an arrest or charge not resulting in a conviction where a petition is filed after the court’s disposition.
• Additional Note: The law provides that an expungement under this section shall not be ordered where the dismissal, acquittal, or discharge resulted from a plea bargaining agreement resulting in the conviction of other charges, but that this bar does not apply once the conviction resulting from the plea agreement is expunged.
• Other: If dismissal discharged or acquittal resulted from finding of insanity or lack of mental capacity to commit crime, expungement not available.

Q32. What are the requirements to expunge a conviction for a young drug offender? (New Jersey)

Young Drug Offenders (under 21) First Offender in Violation of an Offense Under Chapter 35 or 36 of the Title 2C (Comprehensive Drug Reform Act of 1986)

• Statute: N.J.S.A. 2C:52-5
• Waiting Period: One year following conviction, termination of probation or parole or discharge from custody, whichever is later.
• Other Convictions: No other previous or subsequent criminal acts or any subsequent violation of Chapters 35 or 36 of Title 2C; no dismissal due to acceptance into supervising treatment or other diversion program.
• Other:(1) You were convicted of possession or use of a controlled dangerous substance under Chapter 35 or Chapter 36 of New Jersey Law.(2) You were NOT convicted of sale or distribution of a controlled dangerous substance or possession with the intent to sell any controlled dangerous substance UNLESS your conviction was for the sale or distribution of, or possession with intent to sell:
  • Marijuana, where the total quantity sold, distributed or possessed with intent to sell was 25 grams or less (approximately 0.88 oz) or
  • Hashish, where the total quantity sold, distributed or possessed with intent to sell was 5 grams or less; or (approximately 0.18 oz)

  (3) Have not violated your probation or parole.

Q33. What is juvenile delinquency? (New Jersey)

Delinquency is defined as the commission of an act by a juvenile under the age of 18 that if committed by an adult, would constitute an indictable offense (crime), a disorderly persons offense, a petty disorderly persons offense, or a violation of any other penal statute, ordinance or regulation. When a juvenile commits a criminal offense it is called a juvenile adjudication, rather than a criminal conviction. Therefore, a juvenile, if found to have committed an offense is adjudicated rather than found guilty of a an offense. However, under New Jersey (Waiver) law, if a juvenile is 16 or older, he/she can be transferred to an adult court if he/she is accused of homicide, kidnapping, aggravated assault, and other violent offenses. Some common juvenile criminal offenses include drug-related offenses, theft and shoplifting, disorderly conduct, assault, alcohol-related offenses (“Baby DWI”), and burglary.

Q34. Are juvenile records automatically sealed? (New Jersey)

No. Under New Jersey law, juvenile records are not automatically sealed once the minor reaches the age of 18. In order to prevent public, police, prosecutor, and public official access, a juvenile record must be expunged or sealed. A juvenile’s entire record, which includes all delinquent acts while a minor can be expunged. The purpose of juvenile record expungement is to provide an opportunity for a juvenile or a minor to have a clean start.

Q35. What are the requirements to expunge an offense for a juvenile delinquent? (New Jersey)

1. If act would have been considered an eligible indictable offense if committed by an adult, follow chart and procedure for indictable offenses. (i.e, theft)
2. If act would have been considered a disorderly or petty disorderly persons offense if committed by an adult, follow chart and procedure for disorderly persons offenses and petty disorderly offenses.(i.e, simple assault)
3. If act would have been considered a municipal ordinance violation if committed by an adult, follow chart and procedure for municipal ordinance violations. (i.e, public urination)
   • Statute: N.J.S.A. 2C:52-4.1, N.J.S.A. 2C:52-2
   • Other: (1) Entire juvenile record may be expunged after five years from final discharge and custody or supervision or five years have passed after entry of any other court order not involving custody or supervision; no other convictions in meantime; no other proceedings or complaint may be pending, see N.J.S.A. 2C:52-4.1(b)1.5 (2) Charge of an Act of Juvenile Delinquency Against Whom Proceeding is Dropped. (3) Statute: N.J.S.A. 2C:52-4.1(c)

Q38. What types of convictions CANNOT be expunged? (New Jersey)

1. Indictable Offense(s) (Crime(s)) Convictions
   • Crimes of murder, manslaughter, treason, anarchy, kidnapping, rape, forcible sodomy, arson, perjury, false swearing, robbery, embracery, or a conspiracy or any attempt to commit any of the foregoing, or aiding, assisting or concealing persons accused of the foregoing crimes, shall not be expunged.
   • Records of conviction for the following crimes specified in the New Jersey Code of Criminal Justice shall not be subject to expungement: Section 2C:11-1 et seq. (Criminal Homicide), except death by auto as specified in section 2C:11-5; section 2C:13-1 (Kidnapping); section 2C:13-6 (Luring or Enticing); section 1 of P.L.2005, c. 77 (C.2C:13-8) (Human Trafficking); section 2C:14-2 (Aggravated Sexual Assault); section 2C:14-3a (Aggravated Criminal Sexual Contact); if the victim is a minor, section 2C:14-3b (Criminal Sexual Contact); if the victim is a minor and the offender is not the parent of the victim, section 2C:13-2 (Criminal Restraint) or section 2C:13-3 (False Imprisonment); section 2C:15-1 (Robbery); section 2C:17-1 (Arson and Related Offenses); section 2C:24-4a. (Endangering the welfare of a child by engaging in sexual conduct which would impair or debauch the morals of the child); section 2C:24-4b(4) (Endangering the welfare of a child); section 2C:24-4b. (3) (Causing or permitting a child to engage in a prohibited sexual act); section 2C:24:4b.(5)(a) (Selling or manufacturing child pornography); section 2C:28-1 (Perjury); section 2C:28-2 (False Swearing); section 2C:34-1b. (4) (Knowingly promoting the prostitution of the actor’s child); section 2 of P.L.2002, c. 26 (C.2C:38-2) (Terrorism); subsection a. of section 3 of P.L.2002, c. 26 (C.2C:38-3) (Producing or Possessing Chemical Weapons, Biological Agents or Nuclear or Radiological Devices); and conspiracies or attempts to commit such crimes.
2. Sale or distribution of a controlled dangerous substance (CDS) or possession thereof with INTENT TO SELL, with some exceptions as listed below:
   • Expungement shall be denied EXCEPT where the crimes relate to:

     (1) Marijuana, where the total quantity sold, distributed or possessed with intent to sell was 25 grams or less, or
     (2) Hashish, where the total quantity sold, distributed or possessed with intent to sell was five grams or less.
     (3) Any controlled dangerous substance (CDS) provided that the conviction is of the THIRD or FOURTH degree, where the court finds that there is a “compelling circumstances” exist, giving due consideration to the nature of the offense and the petitioner’s character and conduct since conviction. In such cases, the court must consider whether the need for the availability of the records outweighs the petitioner’s interest in expunging the records. A hearing is required if prosecutor or court-approved party objects.
     (4) Convictions for conspiracy to possess, distribute, or sell CDS may also be eligible for expungement.

   • Sale, distribution, or possession with INTENT TO SELL in the FIRST and SECOND degree is not expungeable.

Q42. What is an “early pathway” case? (Is there a such thing as “early pathway” to expunging your criminal record?) (New Jersey)

“Early pathway” refers to the Superior Court’s discretion to expunge an indictable offense before the statutory 10-year time requirement. “Early pathway” provides an exception to the requirement and grants a petitioner two (2) options to expunge his/her conviction in a less than 5 years. These two options are available to the petitioner if (N.J.S.A. 2C:52–2a(2):

(1) less than 5 years has expired from the satisfaction of a fine, but the 5-year time requirement is otherwise satisfied, and the court finds that the person substantially complied with any payment plan ordered pursuant to N.J.S.2C:46-1 et seq., or could not do so due to compelling circumstances affecting his ability to satisfy the fine; or
(2) 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 person has not been convicted of a crime, disorderly persons offense, or petty disorderly persons offense since the time of the conviction; and the court finds in its discretion that a “compelling circumstances” existt giving due consideration to the nature of the offense and the applicant’s character and conduct since conviction. See In re Ronald C. Kollman, Jr., Petition for Expungement (A-126-10)(067807) for factors that MAY apply under new law.

What does this mean?

Previously, most applicants would have to wait 5 years before asking the court to expunge their indictable convictions. Now, you can apply sooner than 5years if:

1. You have not had any new convictions since your original offense;
2. At least four years have passed since satisfaction of all sentence obligations (for example, parole, probation, fines); and
3. The court finds whether “compelling circumstances” exist. It must consider the nature of the offense and the applicant’s character and conduct since conviction.

While the first two requirements are straight-forward, courts may use their discretion in determining the third. The court will also consider the third prong if you are expunging a third or fourth degree drug sale or distribution conviction.

Note: If you have an “early pathway” case, a prosecutor is likely to object. An in-court hearing is required if a prosecutor or like party objects. In connection with a petitioner’s “character and conduct since conviction,” a court may consider facts related to an arrest that did not lead to a conviction, if supported by cognizable evidence, and the court makes an appropriate finding, after a hearing if necessary. See In re Lobasso, 423 N.J. Super. 475 (App. Div. 2012); See also State v. Merendino, 293 NJ Super. 444 (App. Div. 1996) (Use of extraneous facts related to arrest to bar expungement).

Q43. Can I expunge a mental health record? (New Jersey)

• What is an expungement of a mental health record or an involuntary civil commitment record?

  Under N.J.S. 30:4-80.11, if an order expunging a mental health commitment is granted, the commitment shall be deemed not to have occurred and the recipient of the expungement may answer accordingly any question related to the commitment. Therefore, a person’s mental health commitment record is extracted and isolated and legally deemed not to have occurred.

• Who is eligible for a Mental Health expungement?

  Generally, under N.J.S. 30:4-80.8, a person may have a mental health expungement if he/she has been committed by order of any court or by voluntary commitment to any institution or facility providing mental health services. A person who has been discharged as recovered or substantially improved or substantially in remission may apply to the Superior Court for relief.

• Can I lawfully possess a firearm if I have expunged my mental health commitment record?

  Yes. Because an expungement removes the commitment and the commitment is deemed not to have occurred, the expungement has the effect of removing the disqualification placed upon a person from purchasing or possessing firearms under the firearm licensing law of N.J.S. 2C:58-3(c) and under the firearm possessory law of N.J.S. 2C:39-7.

Note: For the purposes of expungement pricing, a mental health case is handled as a “public interest” case.

Q44. What is a “public interest” / “compelling reasons” case? (New Jersey)

In “In re Ronald C. Kollman, Jr., Petition for Expungement (A-126-10) (067807),” the court stipulated the following:

To decide whether expungement is in the public interest, courts consider the NATURE OF THE OFFENSE and the applicant’s CHARACTER AND CONDUCT SINCE THE CONVICTION. Courts will also consider whether the need for the availability of records outweighs the desirability of expungement. The defendant seeking an expungement has the burden of demonstrating, by a preponderance of the evidence, why expungement would be in the public interest. If the State objects on statutory grounds, the burden of proof shifts to the State.

To determine the NATURE OF THE OFFENSE, a court may review the undisputed or proven facts about the crime and its commission, including the definition, grade, and elements of an offense. A judge may also consider what the petitioner did, how and with whom he acted, the harm he/she may have caused, and any related charges that have been dismissed if the underlying facts have been substantiated or are undisputed. To assist the court, a petitioner must include with his petition plea agreements, trial and sentencing agreements, and presentence reports, if available.

Q55. What is the “crime spree” doctrine / exception? (New Jersey)

A petitioner may be eligible for expungement, under the exception to the general rule that multiple indictable offense convictions are not expungeable, if the multiple indictable convictions arise out of a common scheme or crime spree. State v. Fontana, 146 N.J. Super. 264 (app. Div. 1976); But see State v. Ross, 400 N.J. Super. 117 (App. Div. 2008) N.J.S.A. 2C:52-2(a)

Q56. What is a Diversion Program? (New Jersey)

The New Jersey Diversion program is a probationary program designed for certain first-time offenders, with exceptions. The purpose of the program is to allow first-time offenders an opportunity to get their lives back on track without having the stigma of a criminal conviction on his/her record. Defendants avoid ordinary prosecution by receiving early rehabilitative services. The program aims to deter future criminal behavior. Once a defendant successfully completes the diversion program or diversionary probation all charges are dismissed. If charges for an arrest are dismissed because you are sentenced to a diversion program, such as conditional discharge, pretrial intervention, juvenile conference committee, intake service conference, or a deferred disposition, then you may have your arrest expunged 6 months after entry of the dismissal order. A summary of the waiting period requirement is outlined below:

• Statute: N.J.S.A. 2C:52-6(b)
• Waiting Period: If you successfully complete a PTI program you may have your arrest expunged 6 months after entry of the dismissal order according to N.J.S.A. 2C:52-6(b). While failure to complete the program may result in non-dismissal of the charge, the application for expungement of the arrest may still be filed 6 months after the entry of the order.

Note: It is important to consult an attorney about strategic decisions regarding a prosecutor’s decision to “take the case in” or to “downgrade.” Such a decision can have a profound effect on the outcome of your situation.

New Jersey has three (3) general diversion programs for adults, namely Conditional Discharge, Conditional Dismissal, and Pre-Trial Intervention. Each program serves the same purpose, but each has different eligibility requirements.

Q66. Why choose the Law Firm of Vonnie C. Dones III, ESQ. at LegalCleanup.com?

We offer prospective clients in New Jersey four expungement package options ranging from the relatively low-cost Attorney Standard Package, an attorney-prepared expungement petition, to a full representation package involving complex cases and/or litigation. Prospective clients choose the package that best fits their budget and desired level of attorney support. Therefore, each client has complete control over the level of support he or she wishes to receive. For example, if a client wishes for our law firm to complete the expungement paperwork, but chooses to personally file the paperwork with the appropriate government offices, then we will represent the client in the specific discrete task only, and deduct and/or adjust the costs associated with such limited representation.

At Vonnie C. Dones III, ESQ., we think outside the box to provide our clients with the most practical and efficient solution to their legal needs. We are a law firm that provides legal services online. As a result, our clients do not have to pay unnecessary legal costs associated with hiring a lawyer. Our online delivery model provides a more efficient way of servicing clients with a limited budget. What may have taken a client in need of record-clearing much longer to do at a much higher cost, will now take a fraction of the time at a fraction of the cost. Many law firms in the traditional sense, do not take full advantage of new technological advances that reduce the time and money associated with delivering legal services. Our online delivery model does not sacrifice or diminish the quality of workmanship, unlike unlicensed legal professionals or legal form companies who cannot provide legal advice, coaching or counseling, and can only fill-out basic forms on a person’s behalf. We cut the costs associated with delivering legal services while maintaining the integrity, standards, and quality of legal services. Less time, more efficiency, equals more cash in our client’s pocket. We make the process easier for our clients by simplifying document preparation. By integrating smart technology with legal advice, coaching, support, assistance, and document review, we provide our clients with a legal solution that is user-friendly and personalized. We offer our clients a budget-conscious choice. Our online document preparation system coupled with attorney support makes the record-clearing process easier and cheaper. While our online model of delivering legal services is not entirely new to the legal profession, our added features and customized packages provide a more cost-effective, safe, and efficient way of serving clients with legal needs. Again, we offer our clients the option to choose the package that fits their budget and desired level of attorney support.

In addition, we provide our clients with a secure, encrypted online client account. ClientSpace is an online client account which allows our clients to sign in their secure account and interact and/or communicate with their lawyer. [10] It is user-friendly and efficient. Our clients can get access to their ClientSpace from their computer, notebook, or tablet while sitting at home enjoying a cup of coffee. Clients are given the options of communicating via e-mail or webcam, (i.e. Skype). Clients can send and receive documents, electronically sign documents, and ask questions about their legal matter(s) at their convenience. Our online legal service is 24/7 and we respond to all messages quickly. Our clients have the advantage of having a licensed attorney by their side guiding them along the way.

Q67. Why not choose a legal form company or a so-called “legal professional?”

Yes. First of all, we are comparatively cheaper than most legal form companies offering “DIY” services; and we give you, in the words of U.S. President Dwight D. Eisenhower’s Secretary of Defense, Charles Erwin Wilson, “a better bang for the buck.” For example, with our Attorney Standard Package we will provide you the following: (**see prices at www.legalcleanup.com)

1. Complete Set of Expungement Documents Ready for Filing – We ask our clients a few questions via our online questionnaire and our automated system will assemble and generate the appropriate forms.
2. Legal Cleanup for New Jerseyans: How To Expunge Your Criminal or Juvenile Record in New Jersey [Book] – We provide our clients with a pdf.version of this comprehensive New Jersey Expungement Book free of charge.
3. ClientSpace (Online Client Account) – Our clients can complete all correspondence (communication, sending and receiving of documents, and electronic signatures) online using a secure and encrypted client account. Our client account standards meet the American Bar Association’s Suggested Minimum Requirements for Law Firms Delivering Legal Services Online. Our clients have a peace of mind in knowing that all privileged information, client confidences, and data are secure and protected as required by the American Bar and the New Jersey Bar Associations. The attorney-client privilege applies in all correspondence as well.
4. Removal of Expunged Records from Private Databases – This book provides you with all the steps you will need to remove your outdated record from over 500 private databases after you have expunged your criminal record. As part of our Attorney Basic Package, we post the record removal form to your ClientSpace account. After you expunge your criminal record, the appropriate court(s) and government agencies must remove your criminal record from state and federal databases. It typically takes 16-18 weeks (COVID) to remove your expunged records from their databases. Bear in mind that private background check providers may still report your outdated record. Therefore, to make sure that private background check providers do not report your outdated record to employers or the like performing a criminal background check, it is important that you notify private database companies of your expunged or sealed record. After notification, the provider must comply with the judge’s order of expungement and remove the outdated information. Generally, private database companies complete the record clearance update within thirty (30) days from the time they are notified. Other law firms or companies may charge up to $350.00 for a two-week expedited version of this private database removal service. Our clients, who purchase the Attorney Basic Package, can fill-out and mail in the removal form and have it processed in approximately 30 days. Our Attorney Basic Package includes the private database record removal form.

Note: Our law firm completes and mails the private database removal form for all clients, except for clients who purchase the Attorney Basic Package.

Secondly, document preparation companies and “legal professionals” who are not members of any State Bar are not licensed to practice law. Thus, they are not legally permitted to provide legal advice, coaching, counseling, or represent you in any legal matter. In addition, they are not held to any professional standard. Who is to say that the so-called “legal professional” can legitimately perform the legal task(s) he or she claims he or she can do? Is he or she truly qualified? A person could literally wake up one morning and say, “I think I will be a professional in law today.” Why should you trust anyone to act on your behalf concerning legal matters without having any professional practice standards to abide by or any board-approved legal credentials? You should not, particularly when you can engage a licensed attorney for roughly the same costs and even better benefits.

Q68. Why not choose another law firm?

Many law firms who offer expungement services and have an online website are not able to process their client’s legal service purchase online or correspond with their clients through a secure web portal or client account. Our clients can send and receive documents, sign documents electronically, access their case files 24/7, and receive legal advice, coaching, assistance, and case file updates 24/7. We provide our clients with all the comforts and amenities of new and efficient web technology. Many law firms will ask potential clients to fill out a contact form or to call them for a quote or free consultation. We knock the guesswork and inconvenience out of the equation. We have a “Common Sense” policy at Vonnie C. Dones III, ESQ., “No sending a bunch of paperwork through snail mail or an unencrypted e-mail account to our clients, when we can do it securely and quickly through a protected web portal.”

Many law firms or attorneys who offer expungement packages are often quoting you a price that does not include certain types of cases. Often, a law firm or an attorney may state that additional fees or extra costs may apply if: (1) you have a certain number of convictions; (2) you have a complex or litigious case; (3) you have an indictable conviction; or (4) your case is not standard. Although the price the law firm quotes you looks attractive, most of the time, it is for a basic expungement that requires very little work. Additionally, you will quickly discover that the costs associated with expungement are more than what you expected. That is why we offer prospective clients affordable and customizable expungement packages and a comprehensive list of features included in our packages.

Q69. Do you have a payment plan?

Yes. We provide flexible 3-month payment plans for all of our packages except for our Attorney Standard Package. For more information about our payment plans, go to Pricing or Expungement Packages at www.legalcleanup.com.

Q70. How does a client know what is happening with his/her case?

We notify our clients via their secure ClientSpace account in regard to any new information or update to their case file. We post notifications to client accounts within 24 hours of any updates or changes to their case file. Our clients may view the status of their case 24/7.

Q71. What do I have to do to hire you as my attorney?

First, you must visit Vonnie C. Dones III, ESQ. at www.legalcleanup.com to register. Before we accept you as a client, you must electronically sign a limited retainer agreement or engagement letter with us stating that you agree to the terms of our limited representation. The scope of our limited representation will depend on the specific legal service package that you purchase. You must read the limited retainer agreement carefully. It will specify the legal services provided under the agreement and define the limited scope of our legal representation. We offer “unbundled” legal services, as well as “bundled” legal services, but your retainer agreement with us will determine the scope of our legal representation.

Simply registering with Vonnie C. Dones III, ESQ. or signing up for an account does not mean that you are a client of Vonnie C. Dones III, ESQ. An attorney-client relationship begins when you receive via your ClientSpace account, a letter containing the limited retainer agreement signed by the Vonnie C. Dones III, ESQ.

Q72. What are the details of your Money-Back Guarantee?

We offer a 6-month, 100% money-back guarantee for all of our “Attorney-Reviewed Only” Documents if a court or government office rejects your application, filing, or petition due to a mistake made by the Law Firm of Vonnie C. Dones III, ESQ. (hereinafter referred to as the “Firm”). We offer a 100% money-back guarantee for our New Jersey Attorney Standard Package, Attorney Complex Expungement Package, and New York Attorney Standard Package. We offer a 25% money-back guarantee for our New Jersey Attorney Basic Pro, New Jersey Attorney Complex Pro, New York Attorney Plus, and New York Attorney Complete Record-Clearing Packages if the court denies your petition or motion due to a mistake made by our law firm. The refund does not include court costs or mailing fees. The time period begins at the date of purchase. Our money-back guarantee is limited to: (1) any mistake(s) made by the Firm in filling out your legal documents or (2) any inaccurate written instructions provided to you by the Firm through your client account. To qualify for our money-back guarantee, you must provide documentation proving that the court or proper agency rejected your application, filing, or petition as a result of a mistake or inaccuracy made by the Firm. The Firm is not responsible for any incomplete or inaccurate information supplied by you to the court. or proper agency. You must visit www.legalcleanup.com to apply for a full refund. You must submit a refund form, along with an official court or proper agency notice of denial, to the Firm through your secure online account.

Q73. What options do you offer to help me expunge my criminal record?

We offer the following four (4) expungement packages for our prospective clients in New Jersey:

• Attorney Standard
• Attorney Complex
• Attorney Standard Pro (Upgrade)
• Attorney Complex Pro (Upgrade)

For more information, go to Pricing or Expungement Packages.

Q74. Can you help me choose which package is right for me?

If you are trying to decide which package is right for you here are some helpful points:

1. Attorney Standard Package
   • You must request your criminal history record from all appropriate government agencies involved in your case.
   • You may spend approximately 8-12 hours on researching expungement law and drafting and mailing your petition and accompanying documents. (Please note that some standard cases may take less than 8 hours of time depending on your case)
   • You must make sure that your arrest(s) and/or conviction(s) are eligible for expungement. You have the option of using our online eligibility test to determine your eligibility status.
   • You must make sure that you do not make any mistakes in completing and filing your expungement paperwork which may cause the court to deny your expungement without any opportunity to re-file.
   • You must personally communicate and correspond with all appropriate government agencies involved in your case.
   • If the court requires you to attend a hearing, you must make a personal appearance and represent yourself in court.
2. Attorney Standard Pro Package
   • We request your criminal history record from all appropriate government agencies involved in your case.
   • We research the law and draft your petition for expungement and accompanying paperwork.
   • We make sure that you are eligible for expungement and provide a 100% money-back guarantee if we make any mistakes.
   • We represent you and correspond with all government agencies on your behalf.
   • We pay all the court costs and mailing fees.
   • We perform a case evaluation and review all of your expungement documents to make sure that your documents are completed correctly and ready for filing.
   • We prepare support evidence, if necessary for your case.
   • We notify over 500+ private databases of your expunged record.
   • We provide online and phone support if you have any questions or concerns.
   • We provide legal advice and coaching.
3. Attorney Complex Package
   • You must request your criminal history record from all appropriate government agencies involved in your case.
   • You may spend approximately 24-30 hours on researching expungement law and drafting your petition and accompanying documents.
   • You must make sure that your arrest(s) and/or conviction(s) are eligible for expungement. You have the option of using our online eligibility test to determine your eligibility status.
   • You must make sure that you do not make any mistakes in completing and filing your expungement paperwork which may cause your expungement application to be denied without any opportunity to re-file.
   • You must complete a minimum of 10 different forms. You will be required to complete ADDITIONAL PAPERWORK in a complex case. In some complex expungement matters, we do not recommend that you represent yourself.
   • You will have to research statutory and case law and recent changes to the law and apply the appropriate case law to the facts of your case.
   • You will have to argue your case in court in front of a judge.
   • You must personally communicate and correspond with all appropriate government agencies involved in your case.
   • You must respond to the prosecutor’s objection in the appropriate written format.
   • You will not be able to use the expungement packet from the New Jersey Judiciary.
   • A hearing will be required and you must attend the hearing.
4. Attorney Complex Pro Package
   • We request your criminal history record from all appropriate government agencies involved in your case.
   • We research the law and draft your petition for expungement and accompanying paperwork.
   • We make sure that you are eligible for expungement and provide a 100% money-back guarantee if we make any mistakes.
   • We represent you and correspond with all government agencies on your behalf.
   • We pay all court filing and mailing fees.
   • We conduct a case evaluation and review all of your expungement documents to make sure that your documents are completed correctly and ready for filing.
   • We prepare support evidence, if necessary for your case.
   • We notify over 500+ private databases of your expunged record.
   • We provide online and phone support if you have any questions or concerns.
   • We provide legal advice and coaching.
   • We attend the in-court hearing and argue the case on your behalf.
   • We respond in written format to the prosecutor’s or a government agency’s objection to your petition for expungement.

Q75. How does the “Registration Process” work at Legalcleanup.com?

• Why register?

  You must register to create a secure online client account. Your account will be secure and encrypted to guarantee that all privileged information and attorney-client correspondence is kept confidential. Once registered, you may log into your account to complete the appropriate questionnaire(s) and/or document(s). As you complete the online questionnaire, you will see your document being assembled in real-time. You do not have to make a payment for your documents until you complete the Questionnaire and decide that you are ready to purchase

• What steps do I have to take to register?

  To register for our legal services, you must go to www.legalcleanup.com and click on “Get Started.” You must fill in your e-mail address in the appropriate fields and create a private username and password. You must then complete the registration process which may take a minute to complete.

• How are expungement documents created?

  If you choose to purchase our Attorney Standard or Attorney Complex Package, our automated system will generate and assemble your documents. Our automated system will ask you a series of simple-to-follow questions and assemble your documents in real-ime

  Each question includes an explanatory note and instruction to assist and guide you through completing the expungement documents correctly. A small question mark, like such “ ? ” by any question indicates that there is explanatory text to help you answer a question. Click on the “ ? ” to see the help text; click on the “ ? ” again to close the help text pop up box.

• Is your Web Site secure?

  Through our secure, state-of-the-art hosting facilities, you will receive the highest data protection commercially available. We provide an integrated system that allows authorized parties in and keeps everyone else out through the use of:

  • Firewalls to prevent unauthorized access;
  • SSL encryption to keep documents secure;
  • U.S. government-standard -128-bit AES encryption;
  • Site certificates to verify server identities;
  • Secure IDs to verify user identity;
  • Windows security to keep network logins locked up;
  • Intrusion protection against log-in attempt and unauthorized transmissions; and Off-site data storage.
• Do you provide in-person consultations or meet with clients in your law firm office?

  We are available for in-person consultations for our legal services. However, our unbundled legal services as stated in our limited service engagement letter, limit the scope of representation to discrete legal tasks. If you request an in-person consultation, we will be reasonably available at a mutually convenient time and place. Vonnie C. Dones II, ESQ. has no physical office in the State of New Jersey. Vonnie C. Dones III, ESQ. is located in the State of Texas. Therefore, we bill hourly for in-person consultations. Our hourly rate charges include, but are not limited to, reasonable attorney fees and travel and hotel accommodation costs. However, we do offer FREE legal consultations via e-mail, phone, and live web cam (e.g., Skype) for our clients. We recommend that you take advantage of our online technology for legal consultations