A new law in New Jersey went into effect Monday which gives people the opportunity to clear their criminal records of nonviolent offenses. Bill A206, signed into law on Jan. 19 by Gov. Chris Christie, makes significant revisions to New Jersey expungement laws regarding both drug and disorderly persons charges.
Drug court graduates can now petition the state’s Superior Court to have their records cleared of prior arrests and convictions for any Title 2C charge under the New Jersey Criminal Code, if they have successfully completed a substance abuse treatment program and they meet the following four criteria:
- the individual does not have any pending charges
- the charges are not non-expungeble
- the need for the individual’s record to be made available to the public does not outweigh the need for expungement
- the individual has not committed any crimes during or after the completion of the program
Charges that cannot be expunged include most major crimes like murder, kidnapping and arson. Convictions for the sale or distribution of a “controlled dangerous substance” or possession with the intent to sell (except in cases that involve 25 grams or less of marijuana or 5 grams or less of hashish) are also not expungeable.
Thousands of New Jersey residents are expected to submit requests to have their criminal records expunged. Nearly 20,000 people have been enrolled in the state’s drug court program in the last 15 years, according to MyCentralJersey.com. In addition to expanding opportunities for expungement to drug court graduates, the new law allows the state’s Superior Court to immediately expunge any records of dismissals, acquittals and arrests that did not lead to convictions. These records are not, however, removed permanently from existence, but simply removed from the public record. In certain cases, the expunged charges can be unsealed. For example, they will be disclosed if an individual applies for a job in law enforcement.
“For many people expungement can mean a fresh start, a true second chance,” said Akil Roper, chief counsel for re-entry with the Legal Services of New Jersey, one of six independent non-profit corporations that provide free legal aid to low-income New Jersey residents. “This truly offers an opportunity for people to put their criminal record in the rear-view mirror and move on.”
To find out if you are eligible for expungement and an interactive guide to clearing your record, visit the website of the Legal Services of New Jersey.
