Expungement of a Felony Charge in New Jersey

Can a Felony Be Expunged in New Jersey?

Felony Expungement in New Jersey

Many people searching for information about clearing a New Jersey criminal record ask whether a “felony” can be expunged.

New Jersey does not formally classify criminal offenses as felonies and misdemeanors. Instead, offenses that would commonly be described as felonies are generally prosecuted as indictable crimes and classified by degree.

A conviction for an indictable crime is not automatically disqualified from expungement simply because it is serious enough to be commonly called a felony. N.J.S.A. 2C:52-2 permits the expungement of qualifying indictable convictions, but eligibility depends on the particular offense, the person’s other convictions, the timing of the application, and other requirements of New Jersey’s expungement law.

The Sussex and Warren County expungement lawyers at The Tormey Law Firm can review your record. Call 973-755-1695 for a free consultation.

First, Identify the Exact Conviction

The name of the original charge does not always tell the whole story.

A person may have been arrested for one offense but ultimately convicted of a different charge following a plea agreement. Charges may also have been downgraded or dismissed while another count resulted in conviction.

For expungement purposes, the final judgment of conviction is important because the offense that actually resulted in conviction must be evaluated under the statute.

Before deciding whether an old “felony” can be expunged, it is therefore important to determine exactly what offense appears on the judgment and how the remaining charges were resolved.

How Many Indictable Convictions Can Be Expunged?

One Indictable Conviction May Qualify

N.J.S.A. 2C:52-2 provides a traditional route for expungement of a qualifying New Jersey criminal conviction.

One statutory category permits an application involving one crime when the other requirements of the law are satisfied.

The statute also addresses a person who has one criminal conviction together with no more than three disorderly persons or petty disorderly persons convictions, subject to the additional criminal-history restrictions contained in the law.

This means the existence of municipal court convictions does not necessarily prevent expungement of an indictable conviction. Their number, timing, and relationship to the criminal history must be examined.

More Than One Indictable Conviction Does Not Always End the Analysis

Having multiple indictable convictions does not automatically mean that expungement is impossible.

N.J.S.A. 2C:52-2 contains additional eligibility provisions for certain multiple convictions:

• One applies when qualifying convictions are included in a single judgment of conviction.
• Another addresses qualifying crimes or combinations of crimes and disorderly persons or petty disorderly persons offenses that were interdependent or closely related in circumstances and committed as part of a sequence of events occurring within a comparatively short period of time.

These provisions contain additional restrictions concerning other convictions. As a result, simply counting the number of indictable convictions on a person’s record may not provide the correct answer.

How Long After a Felony Conviction Can You Seek Expungement?

For a traditional indictable-conviction expungement, the ordinary statutory period is five years.

The calculation is not necessarily based only on the date of conviction.

Under N.J.S.A. 2C:52-2, the relevant period is measured from the latest applicable event identified by the statute, which can include:

• The person’s most recent conviction;
• Payment of a court-ordered financial assessment;
• Satisfactory completion of probation or parole; or
• Release from incarceration.

Because those events can occur on different dates, two people convicted on the same day may not necessarily become eligible to apply at the same time.

Is Expungement Possible Before Five Years?

In some circumstances, yes.

N.J.S.A. 2C:52-2 contains a provision that can permit an application before the ordinary five-year period has been completed.

At least four but less than five years must have passed from the latest applicable statutory event, the person must not have been convicted of a crime, disorderly persons offense, or petty disorderly persons offense since the most recent conviction, and the court must find compelling circumstances to grant the expungement.

This is not simply a four-year waiting period.

A person seeking relief before the ordinary five-year period has expired therefore must satisfy additional statutory requirements that do not apply in the same way once the regular period has been completed.

What If Fines or Restitution Have Not Been Fully Paid?

Financial obligations can affect the timing of an indictable-conviction expungement, but an unpaid balance does not always produce the same result.

N.J.S.A. 2C:52-2 contains specific provisions addressing court-ordered financial assessments, including situations in which the ordinary statutory period has otherwise been satisfied but an assessment remains unpaid for reasons other than willful noncompliance.

The statute also addresses circumstances involving a civil judgment for an unpaid financial assessment and certain situations in which an assessment was satisfied less than five years before the application.

Because the rules are more detailed than simply asking whether every dollar was paid five years ago, the payment history should be reviewed as part of the eligibility analysis.

Are Some Felony-Level Crimes Never Expungeable?

Yes. New Jersey law specifically excludes a number of convictions from expungement.

N.J.S.A. 2C:52-2 identifies crimes that are not subject to expungement, including specified homicide offenses, kidnapping, luring or enticing, human trafficking, sexual offenses such as aggravated sexual assault and certain forms of criminal sexual contact, robbery, arson, certain offenses involving the sexual exploitation or abuse of children, perjury, false swearing, certain prostitution-related conduct involving a child, terrorism, and specified offenses involving chemical weapons, biological agents, or nuclear or radiological devices.

The statute also addresses attempts and conspiracies involving specified non-expungeable crimes.

Because eligibility turns on the particular conviction, a person should identify the exact statute of conviction rather than relying only on the degree of the offense or a general description of the conduct.

What About a Conviction Involving Public Office?

New Jersey imposes an additional restriction when a crime was committed by a person holding public office, position, or employment and the offense involved or touched upon that office, position, or employment.

A conviction falling within that statutory restriction is not subject to expungement.

The analysis therefore involves more than the title and degree of the offense when the conviction arose from conduct connected to public employment or office.

Licensed Physicians and Podiatrists

New Jersey law also contains a notification requirement for certain licensed professionals. When a State-licensed physician or podiatrist convicted of certain offenses, including offenses involving drugs or alcohol, petitions for expungement, the court notifies the State Board of Medical Examiners upon receipt of the petition.

Can a Drug Distribution Conviction Be Expunged?

Drug convictions require their own review under N.J.S.A. 2C:52-2.

A conviction for the sale or distribution of a controlled dangerous substance, or possession with intent to sell, is generally restricted from expungement, but the statute contains exceptions.

Those exceptions include specified marijuana and hashish offenses within statutory quantity limits. The law also provides a separate potential route for certain third- or fourth-degree convictions involving the sale or distribution of other controlled dangerous substances or possession with intent to sell, when the court finds compelling circumstances.

Because the treatment of a drug conviction can depend on the substance, quantity, degree, and particular offense, such as a school-zone distribution charge, the exact judgment should be reviewed before determining eligibility.

Other Factors That Can Affect Eligibility

Does an Out-of-State Conviction Matter?

Yes.

New Jersey’s expungement statute expressly considers convictions from other jurisdictions when applying several of the criminal-history requirements governing an application.

An applicant should therefore disclose and evaluate convictions outside New Jersey rather than reviewing only the New Jersey criminal record.

An out-of-state conviction does not necessarily answer every eligibility question by itself, but it can materially affect whether a New Jersey conviction qualifies for expungement.

What If I Previously Had a Criminal Conviction Expunged?

A previous expungement of a criminal conviction can prevent a later traditional expungement under N.J.S.A. 2C:52-2.

N.J.S.A. 2C:52-14 generally requires denial of an expungement petition when the person has previously had a criminal conviction expunged or sealed under prior law, subject to the exceptions specifically provided by statute.

This restriction concerns a previous expungement of a criminal conviction. The statute separately provides exceptions for certain other types of expungement, including records expunged under N.J.S.A. 2C:52-6.

A person who previously obtained an expungement should therefore identify exactly what was expunged before determining eligibility for another application.

What If the Felony Charge Was Dismissed?

A felony-level charge that was dismissed without a conviction presents a different expungement issue from an indictable conviction.

N.J.S.A. 2C:52-6 governs qualifying arrests and charges that end without a conviction or finding of guilt. Those cases generally are not subject to the ordinary five-year waiting period that applies to an indictable conviction.

There are exceptions and separate rules for certain dispositions, including dismissals connected to plea agreements and diversionary programs such as PTI.

Someone who remembers being charged with a serious offense should therefore confirm whether the case actually resulted in a conviction before applying the rules governing indictable-conviction expungements.

Where Is an Indictable Conviction Expungement Filed?

An application under N.J.S.A. 2C:52-2 is presented to the Superior Court.

Current law permits the application to be submitted in the county where the applicant resides or the county where one or more of the convictions that are the subject of the application were adjudged.

Determining the appropriate filing location is therefore part of preparing the expungement application.

Sussex and Warren County Felony Expungement Lawyers

The Tormey Law Firm represents clients seeking expungement of indictable criminal convictions in Sussex County, Warren County, and throughout New Jersey.

The fact that an offense is commonly described as a felony does not by itself determine whether the conviction can be cleared. The exact offense of conviction, other criminal history, sentence-completion dates, financial obligations, and statutory exclusions can all affect eligibility. We also assist with expungement of local ordinance violations and other qualifying records.

If you were convicted of an indictable offense in Newton, Belvidere, or elsewhere in Sussex or Warren County, contact The Tormey Law Firm to discuss whether the conviction may qualify for expungement under New Jersey law. Call 973-755-1695 or contact us online to start the process.