What Crimes Don't Qualify for an Expungement?

Expungement is a legal process that allows individuals to have their criminal records sealed or erased, providing them with a fresh start and increased opportunities for employment, housing, and other aspects of life. However, not all crimes qualify for expungement in New Jersey.

Determining which crimes can or cannot be expunged can be quite confusing for individuals seeking to clear their records. That’s where The Law Offices of Christopher St. John can help. Our New Jersey criminal defense team can advise whether your record can be expunged and, if so, take the necessary steps toward a new beginning for you.

What Crimes are Ineligible to be Expunged?

While expungement is a valuable tool for many individuals with a criminal past, not all crimes are eligible to be expunged in New Jersey. The state’s expungement laws have certain restrictions and exclusions.

Crimes that typically cannot be expunged include:

• Crimes of violence: Offenses such as murder, manslaughter, kidnapping, aggravated assault, and sexual assault are considered crimes of violence and cannot be expunged.
• Serious drug offenses: Drug offenses involving the manufacture, distribution, or possession with intent to distribute controlled substances like cocaine or heroin cannot be expunged. However, certain lesser drug offenses may qualify for expungement.
• Crimes involving public officials: Crimes committed against public officials, such as law enforcement officers, judges, or politicians, are generally not eligible for expungement.
• Certain offenses against minors: Crimes involving endangering a child relating to sex offenses or child pornography.
• Traffic offenses: Most traffic offenses, such as speeding tickets or parking violations, cannot be expunged. Importantly, driving under the influence (DUI) is considered a traffic offense in New Jersey instead of a criminal offense.

Always consult with a New Jersey criminal defense attorney to fully understand the eligibility of your specific crime for expungement. They can review your case and provide personalized advice on your options.

The Importance of Avoiding a Conviction in the First Place

While expungement can offer a second chance to individuals with a criminal record, it’s always important to avoid a conviction in the first place whenever possible. This is partly because not all offenses qualify for expungement, so your initial defense is critical.

A conviction can have long-lasting consequences that extend beyond the immediate penalties imposed by the court. It can affect employment opportunities, housing options, educational opportunities, and even personal relationships. Work with a skilled New Jersey criminal defense attorney to build a strong defense strategy to fight the charges against you and strive for a favorable outcome in the first place.

How a Criminal Defense Lawyer Can Help Avoid a Conviction When Possible

When facing criminal charges, always have a skilled criminal defense lawyer by your side. They can help by:

• Assessing the evidence for and against you
• Developing a solid defense strategy
• Negotiating with the prosecution
• Representing you in court

Part of a defense attorney’s job is to explore every possible angle to avoid a conviction on your record.

Discuss a Possible Expungement or New Charges with a NJ Criminal Defense Attorney

If you have a criminal record and are considering expungement or are facing new charges, consult with a New Jersey criminal defense attorney at The Law Offices of Christopher St. John. Contact us to schedule a consultation and take control of your future.