Expungement of Juvenile Delinquent Adjudications and Charges

N.J.S.A. 2C:52-4.1

New Jersey law permits the expungement of a juvenile record under certain circumstances. See if you’re eligible. The requirements set by statute include certain applicable waiting periods and limitations regarding the type and number of other offenses on the person’s juvenile record. Having your record expunged as soon as possible can be a vital part of effectively moving on with your life. At the Law Offices of Jonathan F. Marshall, we have decades of experience on our side and are well prepared to help you effectively navigate the expungement process so that you can get back to living your life.

Waiting Period

N.J.S.A. 2C:52-4.1 mandates a five (5) year waiting period before an offender becomes eligible to seek expungement of a juvenile record. This waiting period begins not only after your adjudication date, but not until all fines are paid, and the juvenile offender has been released from custody, supervision, or any other requirements imposed by order of a court, except that supervision following a juvenile’s time serving a jail sentence does not delay the beginning of this five year waiting period.

Limitations on Expungement

In order to be eligible for expungement of your entire juvenile record, N.J.S.A. 2C:52-4.1 requires that you must not have been adjudicated delinquent subsequently to the adjudication to be expunged, and during the five year waiting period. You also must not have been subject to court ordered supervision or convicted of any indictable offense or disorderly persons offense during the five year waiting period. Furthermore, your record will not be eligible for expungement if there is any currently pending juvenile or criminal charge against you. Finally, if you have had an adult conviction expunged or if you have had an adult offense dismissed due to your participation in an intervention program, these circumstances will also make your juvenile record ineligible for expungement in New Jersey.

In order to expunge one single adjudication from your juvenile record, the same requirements and limitations apply that generally govern expungement of adult offenses under N.J.S.A. 2C:52-2, N.J.S.A. 2C:52-3, and N.J.S.A. 2C:52-4. The requirements and limitations vary under these statutes depending on whether the offense in question is generally classified as an indictable offense, a disorderly persons offense, or a municipal ordinance violation.

Non-Expungeable Crimes

N.J.S.A. 2C:52-2(b) and N.J.S.A. 2C:52-2(c) make certain types of criminal offenses ineligible for expungement in New Jersey, for juvenile offenders as well as adults. Under N.J.S.A. 2C:52-2(b), non-expungeable offenses include:

murder, manslaughter, treason, anarchy, kidnapping, rape, forcible sodomy, arson, perjury, false swearing, robbery, embracery, or a conspiracy or any attempt to commit any of the foregoing, or aiding, assisting or concealing persons accused of the foregoing crimes.

N.J.S.A. 2C:52-2(b) further classifies the following crimes as additional non-expungeable offenses:

N.J.S.2C:11-1 et seq. (Criminal Homicide), except death by auto as specified in N.J.S.2C:11-5; N.J.S. 2C:13-1 (Kidnapping); section 1 of P.L.1993, c.291 (C.2C:13-6) (Luring or Enticing); section 1 of P.L.2005, c.77 (C.2C:13-8) (Human Trafficking); N.J.S.2C:14-2 (Sexual Assault or Aggravated Sexual Assault); N.J.S.2C:14-3a (Aggravated Criminal Sexual Contact); if the victim is a minor, N.J.S.2C:14-3b (Criminal Sexual Contact); if the victim is a minor and the offender is not the parent of the victim, N.J.S.2C:13-2 (Criminal Restraint) or N.J.S.2C:13-3 (False Imprisonment); N.J.S.2C:15-1 (Robbery); N.J.S.2C:17-1 (Arson and Related Offenses); N.J.S.2C:24-4a. (Endangering the welfare of a child by engaging in sexual conduct which would impair or debauch the morals of the child); N.J.S.2C:24-4b(4) (Endangering the welfare of a child); N.J.S.2C:24-4b. (3) (Causing or permitting a child to engage in a prohibited sexual act); N.J.S.2C:24-4b.(5)(a) (Distributing, possessing with intent to distribute or using a file-sharing program to store items depicting the sexual exploitation or abuse of a child); N.J.S.2C:24-4b.(5)(b) (Possessing items depicting the sexual exploitation or abuse of a child); N.J.S.2C:28-1 (Perjury); N.J.S.2C:28-2 (False Swearing); N.J.S.2C:34-1b.(4) (Knowingly promoting the prostitution of the actor’s child); section 2 of P.L.2002, c.26 (C.2C:38-2) (Terrorism); subsection a. of section 3 of P.L.2002, c.26 (C.2C:38-3) (Producing or Possessing Chemical Weapons, Biological Agents or Nuclear or Radiological Devices); and conspiracies or attempts to commit such crimes.

Under N.J.S.A. 2C:52-2(c), another category of non-expungeable offenses includes any conviction for selling or distributing, a controlled dangerous substance, or possession of such a substance with intent to sell. However, this section of the statute does allow a few exceptions, so that records of a conviction may be expunged when the crime in question involves one of the following substances:

(1) Marijuana, where the total quantity sold, distributed or possessed with intent to sell was 25 grams or less;

(3) Any controlled dangerous substance provided that the conviction is of the third or fourth degree, where the court finds that expungement is consistent with the public interest, giving due consideration to the nature of the offense and the petitioner’s character and conduct since conviction.

or any more than two (2) disorderly persons offenses, on his or her record. This requirement considers convictions incurred outside of New Jersey as well as those from inside the state, so it is important to keep in mind that out of state offenses can also be a bar to expungement of a criminal record.

Expungement Lawyers in NJ

Our expungement attorneys at The Law Offices of Jonathan F. Marshall have decades of experience completing the expungement process for a long list of different types of juvenile offenses, in addition to adult offenses. We will assist in navigating the legal landscape of the expungement process from state to finish. If you need to begin the expungement process or would like additional information, call us at 1-877-450-8301 any time for a free consultation.