Everyone makes mistakes in life. Unfortunately for some, those mistakes are memorialized on your criminal record and can make it difficult to secure a job or get certain educational opportunities. One thing that a New Jersey expungement lawyer is often asked is whether a person can clear his criminal record and have a clean slate. The answer is: It depends.

Crimes That Can and Can’t Be Expunged

Expungement is the process of removing a criminal offense from your official criminal record and having the legal ability to state that the arrest or conviction never occurred. Does this sound too good to be true? In some cases, it might be. But there are many instances where this can be your reality with the help of a knowledgeable New Jersey expungement lawyer.

Let’s start with what can be expunged.

New Jersey courts look at three things when determining expungement eligibility: (1) the offense itself; (2) the number and nature of offenses; and (3) length of time since you’ve completed your sentence.

• Juvenile Delinquency Must wait 5 years. All juvenile records are eligible for expungement, except for the 17 ineligible offenses committed by an adult (see below).
• Municipal Ordinance Violations. Must wait 2 years. There is no limit on how many ordinance violations can be expunged, as long as you do not have a criminal record and have no more than 2 disorderly persons convictions.
• Disorderly Persons Offenses. Must wait 5 years. You can have up to 2 disorderly persons offenses expunged, provided you have no criminal convictions.
• Indictable Offenses. Must wait 5 to 10 years. You may only have 1 conviction, plus up to 2 disorderly persons offenses, expunged.

Speaking with a New Jersey expungement lawyer will help you better understand your possible options for early eligibility.

Now, for what cannot be expunged.

There are certain crimes in New Jersey that are not eligible for expungement, no matter how long you wait post-sentence completion. These include the following:

• DUI/DWI
• Criminal homicide (exception: vehicular homicide)
• Kidnapping
• Luring/enticing
• Aggravated sexual assault
• Criminal restraint
• Robbery
• Criminal sexual contact with a minor
• False imprisonment
• Endangering the welfare of a child
• Perjury
• False swearing
• First and second degree distribution of a controlled dangerous substance or possession of a controlled dangerous substance with intent to distribute

Speak With A New Jersey Expungement Lawyer Today

It can be confusing to determine what is eligible for expungement and when. That’s why it’s important to contact an expert. Mark Catanzaro is a highly trained and trusted New Jersey expungement lawyer. Call today to schedule a free consultation.