Chat with us, powered by LiveChat

Expungement Law Undergoes Dramatic Change in NJ

On January 19, 2016 Governor Christie signed Bill A206 into law which makes changes to the expungement process. On April 18, 2016, the following changes take effect:

Early Pathway for Disorderly Persons Offenses

The waiting period before a disorderly persons conviction remains five 5 years. However, the new law allows for an early expungement after 3 years if the petitioner is able to demonstrate the “early pathway” expungement is “in the public interest.”

While the new law provides an early pathway, demonstrating to the Court that an expungement is in the “public interest” can be a significant undertaking. An experienced New Jersey expungement attorney can help navigate this process.

5 Year waiting period for Indictable Offenses

The waiting period for indictable offense conviction will be reduced from 10 years to 5 years. The waiting period starts running at the date of the last conviction, payment of fine, satisfactory completion of probation or parole, or release from incarceration, whichever is later.

Indictable and Disorderly Persons Offenses

An individual petitioning for expungement of an indictable offense may also request the court expunge two disorderly or petty disorderly persons convictions as well.

This changes the current law which does not allow an individual with an indictable offense conviction to have any additional lower level (disorderly persons or petty disorderly persons offenses) expunged at the time of the indictable.

The text of the bill available here.

Chris Gillin-Schwartz