What crimes cannot be expunged in New Jersey?

There are many reasons why New Jersey residents want to expunge their records of criminal convictions. However, not all convictions are eligible for expungement, and even though some can be cleared from one’s criminal record, it does not necessarily mean that they disappear entirely. Below are examples of convictions that cannot be expunged.

— Municipal court convictions for driving under the influence of drugs or alcohol

— Robbery

— Terrorism

— Conspiracy

— False swearing and perjury

— Allowing or causing children to participate in prohibited sexual activities

— Producing or disseminating child porn

— Promoting prostitution of your children

— Endangering a child’s welfare via engaging in sexual behavior that debauches or impairs the child’s morals

— Arson

— Human Trafficking

— Kidnapping

— Criminal homicide, with exceptions for death via auto

— Aggravated sexual assault

— Enticing or luring

— Aggravated criminal sexual contact

— Criminal sexual contact when the victim is a minor

— Criminal restraint of minors (unless you are their parent)

If the below crimes were committed before Sept. 1, 1979, expungement is not possible:

— Forcible sodomy or rape

— Anarchy

— Treason

— Manslaughter

— Embracery

— Conspiracy

There are special considerations involving expunging convictions for distribution or sale of controlled dangerous substances. The court considers both the nature of the crime and the subsequent behavior of the individual in the years post-conviction. The court will weigh whether expungement of the conviction is in the best interest of the public or whether the accessibility of the record outweighs the interest of the one seeking the expungement.

This list is not complete, and there are individual circumstances, such as juvenile offender status, that can affect the eligibility for expunging criminal records. It may be necessary to seek legal counsel to determine the feasibility of petitioning the court for expungement.

Source: Legal Services of New Jersey, “Clearing Your Record,” accessed April. 16, 2015