Being convicted of a criminal offense is a life altering occurrence. Not only does one have to go through the emotional stress during the proceedings which sometimes lead to incarceration, but one has to also deal with the lifelong stigma of having a criminal record. This affects one's ability to acquire gainful employment because employers typically run background checks on job candidates. On January 12, 2010, then Governor Corzine signed into New Jersey Law some minor but important changes to the ability to get one's record expunged. Below is a breakdown of the old requirements and the new changes made to Expungement Law.
OLD: Under the old law, a defendant who had paid their fine and gone 10 years from the date he or she completed probation or parole would be entitled to an order of expungement provided he or she did not sustain another felony conviction (or more than two disorderly persons offenses).
NEW: Under the new law, a defendant may be granted an expungement order if 1) 5 years have passed since the date of conviction, payment of fine, satisfactory completion of probation or parole, or release from incarceration (whichever is later); and 2) the person has not since been convicted of any crime disorderly persons offence or petty disorderly persons offense; and 3) so long as the defendant can persuade the court that expungement "is in the public interest, giving due consideration to the nature of the offense, and the defendants character and conduct since conviction."
Important other changes that also need to be mentioned are, under the old law 10 years needed to pass after the defendant paid all his or her fines before he or she could be apply for expungement. This was difficult because many times defendants cannot find jobs because of their record and cannot afford to pay their fines. Now, these individuals will be able to expunge their conviction, hopefully acquire gainful employment and then be able to afford to pay their fines.
Also of great importance is that defendants can now expunge their 3rd and 4th degree controlled dangerous substance offenses "where the court finds that expungement is consistent with the public interest, giving due consideration to the nature of the offense and the defendant's character and conduct since conviction." Previously, convictions of the sale and distribution of controlled and dangerous substance where ineligible for expungement unless the conviction was for either 25 grams or less of marijuana or less than 5 grams of hashish.
Expungements for disorderly persons offenses were unaffected by the amendment, and still require a 5 year waiting period. Similarly, the two year waiting period for expungement of municipal ordinance violations remain in place.
There is of course no waiting period for charges that have been dismissed or where the defendant has been acquitted. Also, the previously existing prohibition on applying for an expungement until six months has passed, since the conclusion of a conditional discharge under N.J.S. 2C:36 remains in place.
Please note that not every criminal offense is eligible for expungement. Nevertheless, every offense that is eligible to be expunged should be expunged, and it should be applied for as soon as the amended waiting periods are over.