New Jersey state law governs expungement eligibility pursuant to N.J.S.A. 2C:52-2. An indictable offense, which is also known as a felony, is essentially a criminal charge in which a defendant faces up to a year or more in prison. The statute allows for the expungement of one indictable offense. Some indictable offenses, such as robbery, endangering the welfare of a child, and kidnapping, are not eligible for expungement. At the Law Offices of Proetta & Oliver, our lawyers regularly assist clients throughout Ocean County and New Jersey with the expungement process. If you have been convicted of a felony in New Jersey and you have questions, or are wondering if you may be eligible to expunge this conviction from your criminal record, call our Toms River office at (848) 238-2100 to receive a free consultation from an experienced Ocean County expungement lawyer. We are available 24/7 to assist you.
Expungement of an Indictable Offense in New Jersey: N.J.S.A. 2C:52-2
To read New Jersey expungement law in greater detail, please see N.J.S.A. 2C:52-2(b)below.
§ 2C:52-2. Indictable offenses
a. In all cases, except as herein provided, wherein a person has been convicted of a crime under the laws of this State and who has not been convicted of any prior or subsequent crime, whether within this State or any other jurisdiction, and has not been adjudged a disorderly person or petty disorderly person on more than two occasions may, after the expiration of a period of 10 years from the date of his conviction, payment of fine, satisfactory completion of probation or parole, or release from incarceration, whichever is later, present a duly verified petition as provided in section 2C:52-7 to the Superior Court in the county in which the conviction was entered praying that such conviction and all records and information pertaining thereto be expunged.
Although subsequent convictions for no more than two disorderly or petty disorderly offenses shall not be an absolute bar to relief, the nature of those conviction or convictions and the circumstances surrounding them shall be considered by the court and may be a basis for denial of relief if they or either of them constitute a continuation of the type of unlawful activity embodied in the criminal conviction for which expungement is sought.
b. Records of conviction pursuant to statutes repealed by this Code for the crimes of murder, manslaughter, treason, anarchy, kidnapping, rape, forcible sodomy, arson, perjury, false swearing, robbery, embracery,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: 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 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:28-1 (Perjury); section 2C:28-2 (False Swearing) 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.
Speak with a Jackson NJ Expungement Lawyer Today
If you or a loved one has been convicted of an indictable offense, then you should consider hiring an experienced Ocean County expungement attorney to see whether you are eligible for an expungement. If you have only been convicted of or pled guilty to one charge, ten years have passed since the resolution of the matter, and the crime committed is not barred from expungement, then you have a great case for an expungement. Contact the Law Offices of Proetta & Oliver today at (848) 238-2100 for a free initial consultation to determine whether a petition for expungement is in your best interests. We are conveniently located off of Route 9 in Toms River and look forward to answering your questions.
Our phones are answered 24 hours a day. We are available weekdays during business hours. We also meet with clients on evenings and weekends by request. All major credit cards are accepted.