Recently I blogged about the meaning of expungement under N.J.S.A. 2c:52-1. And I already know—everyone wants an expungement. Contrary to what you might have heard, however, freedom is not just another word for nothin’ left to lose. And if feelin’ good is good enough for you, then you really need to pay attention to this: under New Jersey law, expungement is not for everyone.
Until you figure out that freedom is responsibility, society will not accept you. Additionally, if you do not care, then do not whine about wanting an expungement. But if you do care, then there might be hope for you because this is not my lone opinion. Furthermore, when you accept responsibility for your past as well as your future, then society might accept you.
Finally, if none of this makes sense to you, then consider the following. Just as sure as I’m here in New Jersey instead of a beach in Mexico, I am also sure expungement is not a government handout. Indeed, society would never tolerate that irrespective of what Governor Chris Christie might say.
Although my candor may seem impolite, these are the facts of life. Besides, even reformed criminals tend to have a thick skin. Therefore, before addressing the offenses that are eligible for expungement, here are the offenses that are not eligible for expungement. Of course, if you see your crime in this list1, I hope you have learned to respect yourself and the people around you. Additionally, I wish you the very best of luck.
Expungement Is Not For Everyone: Pre-Code Crimes
Records of conviction pursuant to statutes repealed by this Code for the following crimes shall not be expunged:
- forcible sodomy,
- false swearing,
- or a conspiracy or any attempt to commit any of the foregoing,
- or aiding, assisting or concealing persons accused of the foregoing crimes.
Expungement Is Not For Everyone: New Jersey Code of Criminal Justice
Records of conviction for the following crimes specified in the New Jersey Code of Criminal Justice shall not be subject to expungement:
- 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);
- subsection a. of N.J.S.2C:14-3 (Aggravated Criminal Sexual Contact);
- if the victim is a minor, subsection b. of N.J.S.2C:14-3 (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);
- subsection a. of N.J.S.2C:24-4 (Endangering the welfare of a child by engaging in sexual conduct which would impair or debauch the morals of the child, or causing the child other harm);
- paragraph (4) of subsection b. of N.J.S.2C:24-4 (Photographing or filming a child in a prohibited sexual act);
- paragraph (3) of subsection b. of N.J.S.2C:24-4 (Causing or permitting a child to engage in a prohibited sexual act);
- subparagraph (a) of paragraph (5) of subsection b. of N.J.S.2C:24-4 (Distributing, possessing with intent to distribute or using a file-sharing program to store items depicting the sexual exploitation or abuse of a child);
- subparagraph (b) of paragraph (5) of subsection b. of N.J.S.2C:24-4 (Possessing or viewing 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);
- paragraph (4) of subsection b. of N.J.S.2C:34-1 (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.
Expungement Is Not For Everyone: Public Employment
Records of conviction for any crime committed by a person holding any public office, position or employment, elective or appointive, under the government of this State or any agency or political subdivision thereof and any conspiracy or attempt to commit such a crime shall not be subject to expungement if the crime involved or touched such office, position or employment.
Expungement Is Not For Everyone: Controlled Dangerous Substances
In the case of conviction for the sale or distribution of a controlled dangerous substance or possession thereof with intent to sell, expungement shall be denied except where the crimes involve:
- Marijuana, where the total quantity sold, distributed or possessed with intent to sell was 25 grams or less;
- Hashish, where the total quantity sold, distributed or possessed with intent to sell was five grams or less; or
- 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.
Expungement Is Not For Everyone: State Licensed Physician or Podiatrist
In the case of a State licensed physician or podiatrist convicted of an offense involving drugs or alcohol or pursuant to section 14 or 15 of P.L.1989, c.300 (C.2C:21-20 or 2C:21-4.1), the court shall notify the State Board of Medical Examiners upon receipt of a petition for expungement of the conviction and records and information pertaining thereto.
New Jersey Expungement Lawyer Michael Smolensky, Esquire, knows how to protect his clients. A past conviction for a crime, petty offense, or municipal ordinance does not need to haunt a person forever. Mr. Smolensky can provide consultations for all cases involving expungement. Call Now—(856) 812-0321.
1 N.J.S.A. 2c:52-2(b).