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Eligibility for an Expungement in the State of New Jersey

First: “Only New Jersey Convictions and Arrests may be expunged in New Jersey“. If you would like to get your record expunged from another State or you have a conviction for a Federal Offense, you should contact a qualified State or Federal Attorney to determine whether you will be eligible to expunge your record.

Second: You “Can Not Have any Charges Currently Pending or Still Open” when you file the Petition for Expungement.

Third: There are clearly defined “Waiting Periods” which you must also wait for different charges or offenses in order for you to be eligible for an expungement of your records as stated below.

Lastly: Most important! To be eligible for an expungement in the state of New Jersey depends on the “Type and Number” of criminal convictions or records you have, whether a conviction was for a:

Indictable Offenses” Generally a crime punishable by Six Months of Jail time or more. If your conviction or guilty plea occurred in a County Superior Court then it was probably an indictable offense.

Disorderly Persons Offenses” Generally a crime punishable by Six Months of Jail time or less. If your conviction or guilty plea occurred in a Municipal Court then it was probably a disorderly persons offense.

Municipal Ordinance Offenses” Generally a crime punishable by 90 Days of Jail time or less. If your conviction or guilty plea occurred in a Municipal Court under a Municipal Code then it was probably a municipal ordinance offense.

Diversionary Programs

Pretrial Intervention Program: Once your program is completed and your case is dismissed you can File immediately.

Supervisory Treatment Program: Once your program is completed and your case is dismissed you must wait Six (6) Months after program completion.

Conditional Discharge: Once your program is completed and your case is dismissed you must wait Six (6) Months after program completion.

Please note: Once you have completed a diversionary program a judge can deny your Petition for Expungement of convictions that were entered subsequent to or prior to the completion of your program. – Expunge New Jersey –