What Are the Waiting Periods for When You Can Apply for an Expungement?

If you live in New Jersey and have a criminal conviction on your record, it may be possible to have it removed, which comes with immense social and legal advantages. The process is called expungement, and it involves petitioning the court to delete a prior conviction for those who are eligible. Part of this eligibility involves waiting a specific period of time after you’ve completed all sentencing requirements, and the waiting period varies significantly – from six months to five or even 10 years – depending on the circumstances involved. If you’re interested in learning more about having an arrest or conviction expunged from your record, turn to the trusted legal counsel of an experienced Cherry Hill, New Jersey, expungement attorney.

Five Years for an Indictable Offense

In New Jersey, if you have no more than one indictable offense – which is the equivalent of a felony in most other states – on your record, you’re eligible to seek an expungement five years after the completion of all required supervision – as long as your record remained clean during that time. There is also an early pathway available that allows an isolated part of one’s record to be removed in four years, but the guidelines are more exacting and require compelling circumstances.

If you have two or more convictions for indictable offenses, you may be eligible for an expungement under more limited circumstances and after a more considerable amount of time has passed.

Five Years for Disorderly Persons Offense

New Jersey uses the term disorderly persons offenses and petty disorderly persons offenses for what most other states call misdemeanors. You can have up to a total of five of these offenses expunged from your record after five years have passed – as long as that’s the sum of your criminal record and as long as your record remains clean in the interim. If you also have an indictable offense on your record, you can have up to three disorderly persons offenses expunged. The waiting period for the early pathway discussed above is three years.

Additional Expungement Options

Additional expungement options in New Jersey include:

• The state has a new clean slate provision, which allows those who are eligible to have their entire record of arrests and convictions wiped clean 10 years after completing supervision. Very serious crimes, such as murder and sexual assault, however, remain ineligible.
• There is no limit to the number of arrest-without-conviction expungements you can seek, but there is a waiting period of six months for charges that are dismissed via diversion programs. 
• There is no maximum number of expungements for young drug offender charges, and the waiting period is one year after the completion of supervision.

An Experienced Cherry Hill Expungement Attorney Is in Your Corner

The Cherry Hill, NJ, expungement attorneys at The Law Offices of Christopher St. John dedicate their imposing practice to fiercely advocating for the legal rights of our valued clients, and we’ve earned a solid reputation for skillfully navigating the expungement process. Learn more by contacting us online or calling us at 856-403-3926 today.