Disqualifications for an Expungement

You cannot get an Expungement if:

  • You have more than one felony conviction (except for possible exceptions if you completed  drug court, have multiple convictions on the same Judgement of Conviction, or qualify under the “Spree” doctrine).
  • You have one felony conviction and more then three (3) disorderly persons convictions.
  • You have a total of more than four(4) Disorderly Persons and/or Petty Disorderly Persons Offenses.
  • Your conviction is for first or second degree sale, distribution, or possession with intent to distribute a Controlled Dangerous Substance (CDS).  Please note that convictions for third or fourth degree degree sale, distribution, or possession with intent to distribute CDS are eligible for expungement, however may require a “Public Interest” Expungement depending upon the drug involved and the amount.
  • You have received a prior expungement for a criminal conviction (there are exceptions to this).  
  • You have been convicted of any of these specific felonies under the New Jersey Criminal Code:
    • Section 2C:11-1 et seq. (Criminal Homicide), except death by auto as specified in section 2C:11-5
    • Section 2C:13-1 (Kidnaping)
    • Section 2C:13-6 (Luring or Enticing); section 2C:14-2 (Aggravated Sexual Assault)
    • Section 2C:14-3a (Aggravated Criminal Sexual Contact); if the victim is a minor, section 2C:14-3b (Criminal Sexual Contact); if the victim is a minor and the offender is not the parent of the victim, section 2C:13-2 (Criminal Restraint) or section 2C:13-3 (False Imprisonment)
    • Section 2C:15-1 (Robbery); section 2C:17-1 (Arson and Related Offenses)
    • Section 2C:24-4a. (Endangering the welfare of a child by engaging in sexual conduct which would impair or debauch the morals of the child)
    • Section 2C:24-4b(4) (Endangering the welfare of a child)
    • Section 2C:28-1 (Perjury)
    • Section 2C:28-2 (False Swearing) and conspiracies or attempts to commit such crimes
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