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Expunging your New Jersey Criminal Record
Employers in New Jersey perform Criminal Background Checks
Having a New Jersey conviction on your record can keep you from moving on with your life. With more than 80% of employers performing background checks, obtaining a job with a record is more difficult than ever. In New Jersey, employers may obtain criminal history information for employees or job applicants. Under New Jersey law, a person or non-governmental entity of any state who is evaluating whether or not to employ an applicant is authorized to obtain from the NJ State Bureau of Identification all New Jersey criminal history record information. All records of pending arrests and charges for violations of New Jersey laws will be released, unless expunged.
Expunge your New Jersey Criminal Record to Move On with your Career
Having your New Jersey record expunged frees you from your past mistakes and allows you to move on with your life and career. Under New Jersey law, records that have been expunged are deemed not to have occurred. The result is you are able to truthfully and honestly say you were never convicted.
An employer may not use an expunged record and should not be able to even locate it. A person who has had his or her record expunged does not have to disclose the fact that the arrest or conviction occurred. Under New Jersey law, records that have been expunged are deemed not to have occurred.
Are you Eligible to Expunge your New Jersey Criminal Record?
New Jersey classifies offenses as “crimes,” “disorderly persons offenses,” and “municipal ordinance violations.” Municipal ordinance violations and disorderly persons offenses are similar to what would be called a misdemeanor in other states. A "crime," similar to what would be called a felony in other states, is defined by New Jersey statute as an offense which carries a term of imprisonment of six months or more. We have individualized information for each type of record that can be sealed or expunged. The easiest way to determine if you are eligibile is to take RecordGone.com's free eligibility test here or by clicking on the image below.
Municipal Ordinance Violation
The waiting period to expunge a New Jersey municipal ordinance violation starts after completion of probation, payment of all fines and restitution, or release from incarceration (whichever is latest.) Below are eligiblity requirements to expunge a New Jersey municipal ordinance violation.
- 2 years have passed since the terms of probation, incarceration or payment of all fines (whichever is latest)
- No pending charges are against you
- Must not be convicted of a crime in New Jersey or another state
- Cannot have 3 or more disorderly or petty disorderly violations against you
Disorderly Persons Offense
The waiting period to have a disorderly persons or petty disorderly persons offense in New Jersey expunged starts upon successfully completing terms of probation, paying all fines or release from incarceration (whichever is latest.) Below are eligibility requirements to have your New Jersey disorderly or petty disorderly offense expunged.
- 5 years have passed since compeltion of probation, incarceration and payment of fines (whichever is latest)
- No pending charges against you
- Must not be convicted of a crime in New Jersey or another state
- Cannot have 4 or more disorderly or petty disorderly violations against you
- Cannot have been granted the dismissal of charges through participation in pre-trial intervention
- May not have any criminal offense expunged in New Jersey or another state
Indictable Offense (or Crime)
The waiting period to have an indictable offense in New Jersey expunged starts upon successfully completing terms of probation, paying all fines or release from incarceration (whichever is latest). Below are eligibility requirements to have your New Jersey disorderly or petty disorderly offense expunged.
- 10 years have passed since completion of probation, incarceration and payment of fines (whichever is latest)
- No pending charges are against you
- Must not be convicted of a crime in New Jersey or another state (okay if conviction constituted a single event)
- Cannot have 3 or more disorderly or petty disorderly violations against you
- Must not have been dismissed of charges through a pre-trial intervention (does not include disorderly or petty disorderly offenses)
- May not have any criminal offense expunged in New Jersey or another state
If an employer in New Jersey hires a company to do a background check on me, how far back it look on my record?
New Jersey offers no protections other than those provided by the Fair Credit Reporting Act (FCRA). Consumer reporting agencies may deliver reports showing all of a person’s convictions and all arrests that occurred over the 7 years prior to the report.
How far back can an employer in New Jersey look on my record if he or she personally looks into my criminal history?
Under New Jersey law, a person or non-governmental entity of any state who is evaluating whether or not to employ an applicant is authorized to obtain from the NJ State Bureau of Identification all New Jersey criminal history record information. All records of pending arrests and charges for violations of New Jersey laws will be released, unless expunged. Records are available back to 1951 and are only destroyed upon the death of the subject. If a “name check” request is submitted, which means a request that is not accompanied with the applicant’s fingerprints, only convictions and basic arrest information will be returned. If fingerprints are submitted, the subject’s full criminal history will be returned. Dismissals, acquittals, and not-guilty verdicts are not sent to employers.
Applicable Law to Expunge your New Jersey Conviction
- New Jersey Indictable Offenses Expungement - New Jersey Code of Criminal Justice 2C:52-2
- New Jersey Disorderly Persons Offenses or Municipal Ordinance Expungement - New Jersey Code of Criminal Justice 2C:52-3, 52-4