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Disqualifications for an Expungement

  • If You have two (2) indictable (felony) convictions (except if you completed  drug court, have multiple convictions on the same Judgement of Conviction, qualify under the “Spree” doctrine, or qualify for a Clean Slate expungement), then you can only have the most recent indictable conviction expunged under 2C:52-2.
  • If You have more then two (2) indictable (felony) convictions (except if you completed  drug court, have multiple convictions on the same Judgement of Conviction, qualify under the “Spree” doctrine, or qualify for a Clean Slate expungement), then you cannot have any of your indictable convictions expunged under 2C:52-2.
  • If you have multiple indictable convictions and/or Disorderly Persons Offenses included in a single Judgement of Conviction, but then have a subsequent criminal offense, you are not eligible to have them expunged under 2C:52-2 unless you are eligible for a Drug Court or Clean Slate expungement.
  • If you have an indictable (felony) conviction and either a prior indictable conviction or more than three (3) disorderly persons convictions please click here to see the eligibility rules.
  • If you have a total of six (6) Disorderly Persons and/or Petty Disorderly Persons Offenses then you are only eligible under 2C:52-3 to have the last (5) expunged unless you have completed Drug Court, or qualify for a Spree or Clean Slate Expungement.
  • If you have a total of seven (7) Disorderly Persons and/or Petty Disorderly Persons Offenses then you not eligible to have any of them expunged under 2C:52-3 unless you have completed Drug Court, or qualify for a Spree or Clean Slate Expungement.
  • If your conviction is for first or second degree sale, distribution, or possession with intent to distribute a Controlled Dangerous Substance (CDS) then you are not eligible at all for expungement.
  • If your conviction is for a third or fourth degree degree sale, distribution, or possession with intent to distribute CDS other then Marijuana you are only eligible for expungement by a showing of Compelling Circumstances under 2C:52-2(c). Please click here for law on expungement of Marijuana convictions.
  • If  you have received a prior expungement, 2C:52-14 bars you from getting another expungement unless your new charge was dismissed, was a Municipal Ordinance, or you qualify for a Clean Slate Expungement.
  • If you have been convicted of any of these specific felonies under the New Jersey Criminal Code you are never eligible to expunge them:
    • 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

Ready To Get Started?

Click here to complete our expungement interview form to find out if you’re eligible to have your criminal record expunged.

(It’s 100% Confidential and our review is free.)