If you have a conviction, previous arrest, or charge on your criminal record, you are likely eager to erase it, if possible, so you can truly move on with your life. Having a criminal history can make it difficult to obtain employment and take advantage of certain educational opportunities, like scholarships, where a criminal background check is a requirement. Fortunately, there is a way to erase a record of a conviction or arrest in New Jersey: seeking an expungement.
New Jersey law provides certain requirements for wait times before an individual is eligible to seek an expungement and places limits on the number of expungements an individual can get. On October 1, 2018, NJ laws on expungements changed to increase the number of expungements a person can have and reduce wait times for applying for an expungement. Below are some of our clients most frequently asked questions about expungements in New Jersey. If you have questions about your eligibility for an expungement or want to know more about the expungement process, contact the William C. Fay to speak with an attorney who can help. Call 609-832-3202 or send us a message to get a free consultation.
If you have ever had a felony expunged in the past, you cannot seek an expungement for another felony conviction. Keep in mind that this only applies to felony convictions that were previously expunged, so if you had a previous felony charge that was dismissed, you can still apply for an expungement for a previous or subsequent felony conviction. As of October 1, 2018, past participation in Pre-Trial Intervention (PTI), through which a previous felony charge was dismissed, is no longer a bar for applying for expungement of a prior or subsequent conviction.
The wait time for applying for expungement of a felony conviction was reduced by New Jersey’s new expungement law from 10 years down to 6 years from the date of conviction, completion of probation or parole, release from jail, or payment of fine—whichever occurs later. This means you can potentially erase a past mistake and move on with your life sooner.
How do I expunge a disorderly persons offense?
The process for applying for an expungement for a conviction of a disorderly persons offense is the same as that for seeking an expungement for a felony conviction, however, wait times and other requirements are different. To expunge a conviction for a disorderly persons offense you must wait 5 years from the date of conviction, completion of probation or parole, release from jail, or payment of fine—whichever occurs later.
You may only apply to expunge a disorderly person conviction if you have no more than 4 disorderly persons offenses, you were convicted of multiple disorderly persons offenses that were all entered on the same day and have no other prior or subsequent convictions, or you were convicted of multiple disorderly persons offenses that were part of a crime spree, where the offenses were interdependent or closely related and were part of a sequence of events that occurred within a short period of time.
Yes. In New Jersey, if you were arrested for a criminal offense and the charges against you were dismissed outright, you can apply for expungement of the record of your arrest immediately.
Can I get a DWI arrest or conviction expunged?
No. DWI is a non-criminal offense in New Jersey. Only criminal arrests and convictions can be expunged, so non-criminal offenses like DWI arrests and convictions cannot be expunged from your record.
What is the process for a New Jersey expungement?
To apply for an expungement, you must obtain records of the arrest or conviction that you wish to have expunged. You must properly create a Petition for Expungement and have three copies notarized. Lastly, you must prepare a proposed expungement order and submit the proposed order, 3 notarized copies of your Petition for Expungement, and your conviction or arrest records to the superior court in the county where you were convicted or arrested. You must then provide proof of service to a variety of parties, including New Jersey State Police, the police department in the location of your arrest, the local municipal court, and the Prosecutor’s Office. There are a number of steps in the months that follow your initial petition being submitted and failing to complete the expungement process correctly may result in your petition being denied. This is why it is so important to have an experienced expungement attorney thoroughly executing the expungement process on your behalf.
Do I need a lawyer to get an expungement in NJ?
Navigating what conviction or arrest records can be expunged and how long you must wait to expunge them, as well as preparing the required documents to apply for an expungement like a Petition for Expungement and a proposed expungement order and serving them on the required parties are not simple tasks. An expungement lawyer in New Jersey can help make sure you have the best chance of getting your expungement approved. If you would like to seek an expungement for a previous conviction or arrest record, contact our firm today at 609-832-3202 and we will help you to determine if you are eligible for an expungement and assist you through the process. With several convenient offices, we serve clients in all of South Jersey, including in Burlington County, Camden County, Gloucester County, and Atlantic County.
If you have a conviction, previous arrest, or charge on your criminal record, you are likely eager to erase it, if possible, so you can truly move on with your life. Having a criminal history can make it difficult to obtain employment and take advantage of certain educational opportunities, like […]
"William handled a matter for me and exceeded my expectations. He was excellent in
all areas of the law and achieved an outstanding result. Best of all,he demonstrates honesty and integrity. I
would highly recommend William and already have."
"I was so scared and nervous about my legal situation but Mr. Fay did an outstanding
job with my case!!! I was so relieved with the outcome and he worked so hard for me! He was so calm and
understanding and I’m so grateful for him. Thank you so very much for helping me! I am so grateful
"All Charges Dropped & Expunged"
"William defended me in my marijuana + paraphernalia case, he had all charges
dropped and expunged! Despite the fact I was long past conditional discharges/probation, etc. He has a sharp wit
and a bright future ahead of him as an attorney. Thanks again Will!"
"Mr. Fay is a fantastic lawyer. He helped me during a very stressful time in my
life. He was knowledgeable about my case and what my options were. He answered all my questions and was very
reassuring. He was there waiting for me at the entrance on my court date and made me feel at ease. He worked
with the prosecutor to reduce my charges. I got the best outcome I could have hoped for. I highly recommend Mr.
Fay if you need a lawyer."
"I was arrested and summoned to court for possession of marijuana, even though I
didn't have any on me. It was my first time getting in trouble and I was terrified and nervous. Mr. Fay came
into court prepared and was extremely assuring. He made it very clear that he was going to fight for my case
until the very end. He was extremely knowledgable about my case and the ways to resolve it. I would recommend
Mr. Fay to anyone who has gotten into trouble."
"Excellent lawyer. Highly recommended."
"Mr. Fay is extremely caring and knowledgeable. He took the time to explain the
entire process in a very clear manner and was a tremendous help during a stressful time. He was always available
to take a phone call and really showed that he cared about me and my case. I highly recommend Mr. Fay as an
"Great lawyer. Created a best possible outcome for my case."
"Amazing job, explains very clearly"
"He did a fantastic job on my case, making my penalty much less than I thought it
could possibly be. He clearly understands what he is doing and can explain everything in a way that anyone can
understand. Any questions I had were answered very clearly and he listened to all small details of my case."
Camden County Fentanyl Defense Lawyer Handling Charges for Possession and Distribution of Fentanyl throughout Southern New Jersey Fentanyl abuse is a national epidemic. The drug originated as a painkiller intended to be more powerful and shorter-lasting than morphine. Today, it is a popular painkiller for surgery, far more potent than […]
The intention to distribute or transport illegal drugs (controlled dangerous substances) on a grand scale, either nationwide or internationally, is drug trafficking. While possessing certain drugs in New Jersey is unlawful, possessing large quantities of illicit drugs may be evidence of an intent to sell illegal drugs. In other words, […]
You might mistake car burglary for a different crime, like theft. Burglary is a term most associated with house invasions but breaking into a car or a house is no different in the eyes of the law. The penalties are equally severe under New Jersey statute 2C:18-2. You could face […]
If you or someone you love has been charged with a criminal or DUI offense in New Jersey, finding the
answers you need to make informed decisions is critical. Complete our contact form to request your free
consultation or contact 609-832-3202
We are available 24/7 Nights and Weekends to Provide Free Consultations | Hablamos Español