South Jersey Laws
Expungement of Indictable Offenses
New Jersey Statute Annotated 2C:52-2: Indictable Offenses


Someone may ask the court to expunge their conviction for a crime or indictable offense, and all records and information pertaining to the conviction, if:

  • The person was convicted of a crime under New Jersey Law;
  • The person has not been convicted of any prior or subsequent crime in any other jurisdiction;
  • The person has not been adjudged a disorderly person or petty disorderly person more than twice; and
  • Ten years have elapsed from the date of the conviction, payment of fine, satisfactory completion of probation or parole, or release from incarceration, whichever is later.

The nature of any subsequent convictions for disorderly or petty disorderly offenses and the circumstances surrounding them shall be considered by the court and may be a basis for denying expungement if:
  • One or both offenses constitute a continuation of the type of unlawful activity embodied in the criminal conviction for which expungement is sought.

Records of conviction for the following crimes cannot be expunged:
  • Criminal Homicide, except death by auto;
  • Kidnapping;
  • Luring or Enticing;
  • Aggravated Sexual Assault;
  • Aggravated Criminal Sexual Contact, if the victim is a minor;
  • Criminal Sexual Contact, if the victim is a minor and the offender is not the parent of the victim;
  • Criminal Restraint;
  • False Imprisonment;
  • Robbery;
  • Arson and Related Offenses;
  • Endangering the welfare of a child by engaging in sexual conduct which would impair or debauch the morals of the child;
  • Endangering the welfare of a child;
  • Perjury;
  • False Swearing;
  • The sale or distribution of a controlled dangerous substance or possession with intent to sell, except where the crimes relate to:
    • 25 grams or less of marijuana; or
    • 5 grams or less of hashish.
  • Any crime committed by:
    • A person holding any public office, position or employment, whether elected or appointed;
    • Under the government of this State or any state agency or county or municipality;
    • If the crime involved or touched that office, position or employment;
  • And conspiracies or attempts to commit any of these crimes.
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