New Law Shortens Expungement Waiting Period
Governor Chris Christie signed Bill A206 into law, significantly simplifying the expungement process for individuals with criminal convictions in New Jersey. The legislation, which takes effect 90 days from the signing date of January 19, 2016, reduces the waiting period for expungement eligibility and makes it easier for people with past convictions to move forward with their lives.
What Changed
The most significant change involves the waiting period. Previously, most criminal convictions required a 10-year waiting period before an individual could petition for expungement. Under the new law, that period has been reduced to five years from the date of the last conviction, incarceration, or completion of probation — whichever is later.
This change means that thousands of New Jersey residents who were previously years away from eligibility may now qualify to have their records expunged, either immediately or in the near future.
Why Expungement Matters
A criminal record creates barriers that extend far beyond the courtroom. Even after a person has served their sentence, completed probation, and paid all fines, the conviction remains on their public record and can affect virtually every aspect of their life:
- Employment. Many employers conduct background checks, and a criminal conviction can disqualify applicants from consideration, even for positions unrelated to the underlying offense. In a competitive job market, a clean record can mean the difference between employment and continued unemployment.
- Housing. Landlords frequently screen applicants for criminal history, and a conviction can make it difficult to secure rental housing.
- Education. Some educational programs, professional licensing boards, and financial aid programs consider criminal history in their admissions or approval processes.
- Social stigma. Beyond the formal barriers, a criminal record carries a social stigma that can affect personal relationships and community standing.
The Expungement Process
An expungement, when granted, effectively removes the conviction from public access. While law enforcement agencies retain access to expunged records for limited purposes, the general public — including potential employers, landlords, and educational institutions — will not be able to see the conviction in a standard background check.
The process involves filing a petition with the court, providing certified copies of relevant criminal records, and demonstrating that the statutory requirements are met. While individuals may file petitions on their own, the process is technical and procedural errors can result in delays or denials. Working with an experienced criminal defense attorney can help ensure that the petition is properly prepared and filed.
Who Is Eligible
Eligibility for expungement depends on several factors, including the type of offense, the number of convictions, and the time elapsed since the completion of the sentence. Not all convictions are eligible for expungement, and certain serious offenses remain permanently on the record regardless of how much time has passed.
To request a consultation, call (800) 709-1131 or use the contact form. The intake team will review the request before any consultation is confirmed.