Crimes That Are Barred From Expungement Based On The Type Of Crime
NJSA 2C:52-2 specifically precludes the following crimes from ever being expunged: Criminal Homicide (except Death By Auto); Kidnapping; Luring or Enticing a Child; Aggravated Sexual Assault; Aggravated Criminal Sexual Contact; Criminal Sexual Contact - if the victim is a minor and the perpetrator is not the parent; Criminal Restraint; False Imprisonment; Robbery; Arson; Endangering the Welfare of a Child; Perjury; False Swearing; Conspiracy to commit such crimes; Official Misconduct; Sale or Distribution of CDS; and, Possession with Intent to Distribute CDS. If you are charged with these types of offenses, discuss the case strengths and weaknesses completely with your lawyer before ever entering a plea to such offenses. Understand that the direct sentencing consequence of prison will be joined by a record that can never be cleared, before you decide how to resolve the charge. Trying to undo this type of plea later is very difficult, and often unsuccessful.
Expungements That Are Barred Due To You Having Too Many Convictions
NJSA 2C:52-2 also specifically precludes expungement when you have been convicted of a crime on more then one occasion. It does not matter if the prior/subsequent crime was in NJ or not. The issue is if you have more then one conviction for a crime. In addition, if you have been convicted of one crime, and more then two Disorderly Persons Offenses, you will be barred from expunging your record. Lastly, if you have no criminal convictions, but have more then three Disorderly Persons convictions, you are barred from expungement. Recently the courts addressed the issue of whether the date of charging or the date of conviction controlled whether three convictions existed, when the charges were filed on different dates, and resolved all at one time. The Court determined that the intent of the statute was to bar three DP offenses based upon when they were charged, regardless of when they were disposed of. Discuss all pleas and affects on expungement with your lawyer before pleading.
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