Can a Sex Crime Charge Be Expunged in New Jersey?

If you have been accused of a crime but were never formally charged or the case was acquitted, you may be eligible for an expungement. An expungement is a legal process that physically removes or destroys a criminal record from public and law enforcement databases, essentially erasing it as if it never happened. This is a court-ordered procedure that, once granted, allows a person to legally state they have never been arrested for or convicted of that offense.

Expungement gives people the opportunity to rebuild their lives without past mistakes holding them back. It results in improved employment opportunities, reputation, housing and loan access, professional licensing, and educational opportunities.

However, there are many guidelines and limitations involved with the expungement process. Not every crime can be expunged. For those that can, certain processes must be followed.

Generally, sex crimes cannot be expunged in New Jersey. New Jersey law states that sexual offenses, such as sexual assault or aggravated sexual assault (N.J.S.A. 2C:14-2) and aggravated criminal sexual contact (N.J.S.A. 2C:14-3a), are not eligible to be expunged due to the nature of these offenses. Many other felonies, such as homicide, robbery, arson, endangering the welfare of children, and certain drug offenses, cannot be expunged either. This means the conviction will remain permanently on your criminal record.

Even misdemeanors are often ineligible. If an offense required you to be classified as a “sex or violent offender,” it is likely not expungable, even if it was a misdemeanor. However, there are limited exceptions. Some very specific minor offenses might be eligible, but it depends on the individual circumstances. Those who completed pretrial intervention or other diversionary programs might qualify to have their records cleared after meeting specific conditions.

In some cases, you may be able to petition the court to be removed from the Megan’s Law sex offender registry, even if the conviction itself cannot be expunged. You may also be able to apply for a pardon from the governor to have certain rights restored.

If you believe your crime should be expunged, you will benefit from a lawyer’s assistance. A lawyer can review your case, determine whether any relief options exist, and guide you through the process if you qualify.

Contact Us Today

Do not let a sex crime allegation ruin your life. While you may not qualify for an expungement, there may be other alternatives available.

A Cherry Hill criminal defense lawyer from The Law Offices of Christopher St. John can help you understand your legal rights, options, and next steps. We will help ensure you are making informed decisions with your long-term best interests in mind. Contact us via (856) 716-5427 or online here to schedule a consultation with our office today.