Am I Eligible For An Expungement In New Jersey?

Time Period Before Eligible For Expungement

Dismissal: immediate application available

Dismissal after PTI or conditional discharge completed: 6 months from order of dismissal

Ordinance: 2 years

Disorderly Persons/Petty Disorderly Persons: 5 years

Indictable Offense/Crime: 6 years

When Does The Clock Start Ticking?

The time period noted above for ordinances, disorderly persons offenses, petty disorderly persons offenses, indictable matters and crimes all begin to run after the absolute last event in your matter.  Say for example you plead guilty to a degree'd crime and had to do 1 year of probation, pay fines and restitution.  If your probation finished on July 1, 2013, but you never paid your fines, the clock will not start running yet because you still have outstanding things to do.  If you finally pay your fines off on September 5, 2013, you will then have to wait 6 years from that time to be eligible for an expungement. There are a few exceptions of course when it comes to the reason why a fine is not paid. 

Can You Request That Your Matter Be Expunged Early?

As of right now, the law allows for indictable matters/crimes and disorderly persons/petty disorderly persons offenses to be expunged early if certain guidelines are met.  However, it is not a guarantee that you can have it expunged early because even if you meet all of the qualifications, a judge will need to state that it is in the public interest to allow you to expunge your matter early.  This is a very high standard and is very subjective depending on which county and which judge is hearing your matter.

If I am Applying For Citizenship, Do I need to Report My Expungement?

The immigration process is unique and not something you want to play games with. Anyone applying for citizenship or a green card will be questioned about criminal matters in their past, even if they were expunged already and removed from your record. The immigration officer will consider the expungement a positive step made by the applicant. However, you are still expected to be honest regarding all arrests, convictions and expungements obtained. We are NOT immigration attorneys. If you have further questions concerning the immigration process and how an expungement will or will not effect your application and chances, contact an immigration attorney. We can refer you to an immigration attorney if you need the name of someone local.

Call our office at 609-392-7600 to discuss your case NOW

Contact Information:
The Rubinstein Law Firm, LLC
1675 Whitehorse Mercerville Road
Suite 206
Hamilton, NJ 08619

609-392-7600
609-964-1785 (fax)