Revised Expungement Laws On The Way

Expungement (N.J.S.A. 2C:52-2) is a procedure that currently allows someone with a limited criminal history to obtain a fresh start. Along with the push to legalize recreational marijuana, a new bill intended to make it possible for those with “low-level” marijuana offenses to obtain a fresh start as part of the criminal justice reform press is waiting for the Governor's signature. The bill expanded from marijuana offenses, for which it creates an expedited procedure, to allowing the expungement of third and fourth degree controlled dangerous substances (CDS) offenses, which were previously not eligible for expungement. Additionally, the bill has a “cleanser” which permits formerly incarcerated persons to petition for expungement after 10 years without another offense. Currently, expungement is based on the notion that a person should not spend their lives paying for a mistake in judgment. The 10 year petition provision will allow those convicted of multiple crimes or a combination of one or more crimes and one or more disorderly persons of petty disorderly persons offenses to petition for expungement after 10 years from the date of the most recent conviction, satisfactory completion of probation or parole or release from incarceration, whichever is later. Additionally, although the completion of all terms and conditions of release will still apply, full payment of all fines will no longer be a pre-condition of petitioning for expungement as outstanding fines will be transferred to the Treasury for collection. Senate bill, S-3205, and Assembly Bill, A-4498 passed in June and it is anticipated the Governor will sign the Bill. If you are interested in obtaining and expungement and want to determine whether you are elligible, call 973-584-6200 or, for more information about expungement or other criminal law matters, visit DarlingFirm.com. This blog is for informational purposes only and not intended to replace the advice of an attorney.