New Jersey Clean Slate Expungement 

A criminal record, even for a minor offense, can cast a long shadow over your life, hindering your ability to secure employment, housing, or even educational opportunities. In New Jersey, the “clean slate” expungement law offers a path to a fresh start, allowing eligible individuals to clear their criminal records and move forward with a clean slate. This comprehensive guide by Brett M. Rosen, Esq., a Certified Criminal Trial Attorney in New Jersey, explores the intricacies of clean slate expungement, providing valuable insights and guidance for those seeking to erase their past mistakes and reclaim their future.

What is a Clean Slate Expungement?

A clean slate expungement, enacted in New Jersey in 2018, is a powerful legal tool that allows individuals to expunge their entire criminal record, including arrests, charges, and convictions, after a certain period of time. It’s designed to provide a second chance to those who have demonstrated rehabilitation and good conduct.

Key Features of Clean Slate Expungement:

• Comprehensive: It allows for the expungement of an unlimited number of arrests and convictions, including both indictable offenses (felonies) and disorderly persons offenses (misdemeanors).
• Waiting Period: There is a 10-year waiting period from the date of your most recent conviction, payment of fines, satisfactory completion of probation or parole, or release from incarceration, whichever is later.¹
• Eligibility: You must not have any pending charges or convictions for certain serious offenses (such as murder, sexual assault, or crimes against children) to be eligible.
• Automatic Process (in the future): Once fully implemented, the clean slate expungement process will be automated, making it easier and faster for individuals to clear their records.

Benefits of a Clean Slate Expungement

A clean slate expungement can provide numerous benefits, including:

• Improved Employment Opportunities: It can remove barriers to employment, making it easier to find a job or advance in your career. Employers will no longer be able to see your expunged record on background checks.
• Enhanced Housing Options: It can make it easier to obtain housing, as landlords often conduct background checks.
• Educational Opportunities: It can remove obstacles to pursuing higher education or professional licenses.
• Improved Personal and Social Well-being: It can provide a sense of relief and allow you to move forward without the stigma of a criminal record.
• Civic Engagement: It can restore your right to vote and serve on a jury.

Eligibility for a Clean Slate Expungement

To be eligible for a clean slate expungement in New Jersey, you must meet the following criteria:

• No Pending Charges: You must not have any pending criminal charges.
• Waiting Period: You must have completed the 10-year waiting period from the date of your most recent conviction, payment of fines, completion of probation or parole, or release from incarceration, whichever is later.
• No Disqualifying Offenses: You must not have been convicted of certain serious offenses, such as murder, aggravated sexual assault, or endangering the welfare of a child.
• Limited Prior Expungements: You can only have one prior expungement granted under other provisions of the law.

The Clean Slate Expungement Process

The process for obtaining a clean slate expungement involves:

1. Determine Eligibility: Carefully review the eligibility criteria to ensure you meet the requirements.
2. Gather Necessary Documents: Gather any necessary documents, such as court records, proof of sentence completion, and payment of fines.
3. File a Petition: File a petition with the Superior Court in the county where your most recent conviction occurred.
4. Court Review: The court will review your petition and determine if you meet the eligibility criteria.
5. Order for Expungement: If the court grants your petition, it will issue an order for expungement, which will be sent to all relevant agencies to clear your record.

Defenses in Criminal Cases

While a clean slate expungement can provide a fresh start, it’s important to remember that the best outcome is to avoid a conviction in the first place. Brett M. Rosen, Esq. will explore all possible defenses to protect your rights and fight for the best possible outcome in your criminal case, including:

• Lack of Evidence: Challenging the sufficiency of the evidence against you.
• Constitutional Violations: Arguing that your constitutional rights were violated during the investigation or arrest.
• Affirmative Defenses: Raising defenses such as self-defense, duress, entrapment, or lack of intent.
• Challenging Witness Credibility: Attacking the credibility of witnesses who testify against you.
• Presenting an Alibi: Providing evidence that you were somewhere else at the time of the alleged crime.

FAQs about Clean Slate Expungement in New Jersey

• How long does it take to get a clean slate expungement?
  
  • The process can take several months, depending on the court’s backlog and the complexity of your record.
• What is the difference between a clean slate expungement and a regular expungement?
  
  • A clean slate expungement allows for the expungement of your entire criminal record, while a regular expungement has limitations on the number and types of offenses that can be expunged.
• Will a clean slate expungement remove my record from all databases?
  
  • While it will be removed from most public databases, it will still appear on federal law enforcement databases.
• Can I tell employers that I have no criminal record after a clean slate expungement?
  
  • Yes, in most cases, you can legally state that you have no criminal record after a clean slate expungement.
• What if my clean slate expungement application is denied?
  
  • You may be able to appeal the decision or reapply after addressing the reasons for the denial.

FAQs Continued

What is the difference between an expungement and a pardon?

• An expungement seals your record, making it inaccessible to the public. A pardon forgives the offense but does not erase the conviction from your record.

Can I get an expungement if I was convicted in another state?

• You can only expunge convictions that occurred in New Jersey.

What if my expungement application is denied?

• You may be able to reapply after a certain waiting period or appeal the court’s decision.

Does an expungement guarantee that I will get a job or housing?

• While an expungement can remove legal barriers, it does not guarantee employment or housing. Employers and landlords can still consider your out-of-state criminal history in some circumstances, but an expungement can show that you are taking steps to rehabilitate yourself.

What offenses are not eligible for expungement in New Jersey?

• Certain offenses, such as murder, aggravated sexual assault, and certain drug offenses, are generally not eligible for expungement.

Why Choose Brett M. Rosen, Esq. for Your Expungement Needs?

Brett M. Rosen, Esq. is Certified by the Supreme Court of New Jersey as a Criminal Trial Attorney with extensive experience in helping clients obtain expungements in New Jersey. He understands the complexities of the expungement process and will guide you through every step, from determining your eligibility to filing your petition and representing you in court. He will:

• Thoroughly evaluate your eligibility for a clean slate expungement.
• Assist you in gathering the necessary documentation and preparing a compelling petition.
• Represent you in court and advocate for your expungement.
• Answer your questions and provide clear and concise legal guidance.

If you are seeking a clean slate expungement in New Jersey, contact Brett M. Rosen, Esq. today for a free consultation. He is available 24/7 to discuss your case and provide expert legal assistance.

908-312-0368 & brett@nynjcriminalcivilesq.com

Disclaimer: This information is for informational purposes only and should not be considered legal advice. It is essential to consult with an attorney to discuss your specific legal situation.