New Provisions Went into Effect on October 1, 2018
Last December, outgoing New Jersey governor Chris Christie signed bill S-3307, enacting significant changes to the state’s expungement laws. Those changes went into effect at the beginning of October.
What is Expungement?
Under New Jersey law, an expungement officially “removes” and isolates all records filed with courts, correctional facilities, law enforcement agencies, juvenile justice agencies, criminal justice agencies or detention centers. That includes any information about your arrest or apprehension, any detention or incarceration, and all trial proceedings. When your petition for expungement is granted, the court will issue an order which states that the crime/offense “shall be deemed not to have occurred.” Your records, however, will not be destroyed, but only sealed.
The New Expungement Law
The new expungement law reduces some waiting periods and adds to the number of convictions for disorderly persons offenses that a person may have expunged. Specifically, the new statute:
- Shortens the waiting period for expunging felony convictions from 10 to 6 years. You can, however, still seek “early pathway” expungement after 5 years
- Allows a person to expunge up to four disorderly persons convictions, up from three (provided the applicant has not been convicted of a felony)
- Allows a person to expunge up to three disorderly persons convictions, up from two, if the applicant has a prior felony conviction
- Allows a person to expunge more than one felony conviction, but only if the felonies were part of a “crime spree,” listed in a single judgment of conviction
- Gets rid of the “PTI” bar—Under the prior law, a person who has a felony dismissed as part of a “pre-trial intervention (PTI)” could not subsequently seek expungement of any offense. That provision is no longer part of the law.
Contact Attorney Edward M. Janzekovich
To schedule an appointment with an experienced New Jersey DUI defense attorney, contact my office online or call me at 732-257-1137. There is no cost or obligation for your first meeting. Evening and weekend consultations are available by appointment. I accept all major credit cards.