A felony has a big impact on a person’s life and if you live in New Jersey, you’ve come here trying to find out how to get the felony off your record. Realize that with all felony records, there are three options you can take. 1) Expunge Your Record 2) Seal Your Record 3) Request a Pardon of Your Record. The problem though is that all states don’t offer all three of these options. But before we get into what New Jersey offers, let’s review what each of these options actually mean.
Expungement
If you get your record expunged in New Jersey it’s as if your arrest and/or charges never happened. Your record is completely destroyed, including all physical and public records. When asked if have a criminal record, after expungement, you can truthfully answer “no”.
Record Sealing
Sealing your record in New Jersey is similar to expungement, but your record still exists in a limited form. The public does not have access to your record, but there are some exceptions. Your records can still be accessed by law enforcement and the courts. Record sealing is not as secure as expungement, but it is a reasonable alternative that is comparatively easier to obtain if your state offers it.
Pardons
If you receive a pardon in New Jersey, you still have record of your arrest or charge, but your guilt is exonerated. That is, you have proven that you are rehabilitated and forgiven for your crimes. You can also get relief in terms of having various rights restored, such as your right to vote. The requirements for pardons vary between states, but typically there is a lot of documentation required, and includes lengthy waiting periods to apply and receive a pardon.
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Things to Know Before You Start
First: It’s important to understand that every state is different in terms of what methods are available for felons to remove their record and the information below will help you understand what you can do in New Jersey.
Felony Expungement in New Jersey
Yes, it is possible to expunge your felony in New Jersey but it depends on the felony.
Sealing a Record in New Jersey
Yes, it is possible to seal your record in New Jersey but it depends on the felony.
Getting a Pardon in New Jersey
Yes, it is possible to get a pardon of your record in New Jersey but it depends on the felony.
Second: When trying to clear your record, you really have two options. The first is to get a free consultation from a lawyer to see what they think of your case, and the second is to try to do all of the paperwork yourself.
Third: We HIGHLY recommend that you get a free consultation from a lawyer prior to taking any action. We say this because whether you want to expunge, seal, or pardon your record, it’s an extremely complicated process. Failure to follow the process properly can end up with you being denied for the request and having to wait additional time (sometimes several years) before you can file again. In addition, getting an expungement lawyer can increase your odds of succeeding and sometimes it’s more affordable than you think. The first step is to click on the button below to confirm that you’re eligible for the expungement/sealing of your record.
Can You Expunge a Felony in New Jersey?
Removing all traces of a criminal record on file within any court, correctional facility, law enforcement or criminal justice agency is a definition of expungement. If an order for expungement is granted the record of any law enforcement will be considered as “not to have occurred.”
To read more about New Jersey expungement law, review N.J.S.A. 2C:52-1 through N.J.S.A. 2C:52-32. This will give you an idea if you are eligible provide more information on expungement in New Jersey.
This website provides all the forms you will need, plus instructions on how to fill out the forms.
CANNOT EXPUNGE IF…
There are convictions eligible for consideration of expungement after five years versus the typical ten years waiting period. Look at the information on this website to get complete information.
• Criminal Homicide
• Kidnapping
• Aggravated sexual assault
• Criminal sexual contact if victim is a minor,
• Criminal Restraint
• Robbery
• Perjury
• Terrorism
• Human Trafficking
How to Expunge a Felony in New Jersey
• Before you begin this process, we insist that you take this eligibility test to determine if you’re eligible to expunge your record.
• If you are eligible, you should talk to the lawyer that we refer you to so that you get an idea of the price for their services (it’s likely cheaper than you think because expungements are mostly paperwork) and see what other helpful information they can give you.
• If you are not eligible for expungement based on our test, then you should stop here.
• If you are eligible based on our test and want to do this without a lawyer, continue reading.
• Locate your criminal records. Contact the Superior Court Criminal Case Management Office in the county where your arrest or conviction took place. They will let you know how to get copies of those records.
• Complete Form A: Petition for Expungement. Follow the instruction on the form and then file the petition in the county where you were arrested.
• Complete the Verification page and sign it in the presence of a Notary Public.
• Form B is an order for hearing and is used by the judge to schedule a hearing. Usually the hearing will be scheduled between 35 and 60 days after the judge gets the application.
• Form C: Expungement Order is the official document signed by the judge if your petition for expungement is granted. Complete the form by following the instructions.
• Make three copies of all forms and records, include a cover letter (a form letter describing the contents of your package). Fill in the lines on Cover Letter (Form D) and include two self-addressed envelopes. A Filing fee of $52.50 is required.These forms are in the kit downloaded from here.
Can You Seal Your Criminal Record in New Jersey?
Expungement and sealing of records is virtually the same thing under New Jersey law. For legal purposes, if you seal you records it as though the events never happened. I most cases you can let your landlord, employer or mortgage broker know you have never been arrested or convicted of a crime. (N.J. Statutes §2C:52-27).
When your record is sealed, it cannot be accessed by trying to find criminal records. If you are being considered for employment or trying to get a loan these records cannot be looked at during a background check. You are legally able to deny the criminal records. The records still exist, but only a court order to unseal the records can make those accounts accessible.
CANNOT SEAL IF…
• You have more than one felony conviction.
• You are asking for sealing for a second-degree sale, possession, or distribution of drugs (exception of less than 25 grams of marijuana).
• Have three or more disorderly or petty disorderly arrests,
• Criminal homicide,
• Kidnaping
• Luring or enticing or sexual assault, and endangering the welfare of a child.
• Perjury
• You have other conviction in new Jersey or any other state in the Union.
• You have applied for sealing or expungement in the past.
How to Seal Your Criminal Record in New Jersey
Sealing your records in New Jersey is identical to expunging these records. You can receive a “kit” that gives you all the information about the filing process. This it also includes the forms you will need. New Jersey has no legal distinction between sealing your criminal records and expunging it.
• Before you begin this process, we insist that you take this eligibility test to determine if you’re eligible to seal your record.
• If you are eligible, you should talk to the lawyer that we refer you to so that you get an idea of the price for their services (it’s likely cheaper than you think because expungements are mostly paperwork) and see what other helpful information they can give you.
• If you are not eligible to seal your record based on our test, then you should stop here.
• If you are eligible to seal your record based on our test and want to do this without a lawyer, continue reading.
• Make sure you have your criminal records. Check them over for accuracy. This website is a good place to find more information and a link to the expungement/sealing kit. You can find the address of the court where you were tried at this address.
• Obtain your records in the Superior Court Criminal Case Management Office in the county court where your arrest and conviction took place.
• File a petition requesting the judge to seal your records. This request is filed in the superior court in the country were your arrest took place.
Can You Apply for a Pardon in New Jersey?
If an expungement is not an option for clearing your record, a pardon may be the best solution for you. Look at www.pardon411.com to find out detailed information about pardons in New Jersey. The governor may grant you a pardon or reprieve no matter what you have done unless it is impeachment and or treason. The governor can suspend fines and possibly give what you have paid back to you. The governor will report to the Legislature every pardon he grants stating the name of the convicted person, the crime committed, the sentence received, the date of sentence and the date of the pardon. The governor must also list out why a pardon was granted.
Now there are no formal requirements to be pardon in New Jersey. It is possible to apply for a pardon even if you are confined in a correctional facility. However, just like most all States in the Union, getting a pardon is not easy. You must have a very good reason why you need a pardon. Simply saying that you want to clear your record is not enough.
CANNOT PARDON IF…
• You have committed treason.
• Have not served your time for enough time (25 years if you are under a life sentence).
• It is up to the description of the governor and the parole board if you are pardoned. They may rule against you.
How to Apply for a Pardon in New Jersey
There are no application fees to apply for a pardon. To obtain an application form you need to either call the Parole Board at 609-292-4257, email [email protected], or write to New Jersey State Parole Board, Attn: Clemency Investigator, PO Box 862, Trenton, NJ 08625. You can also visit this website for an application.
• Before you begin this process, we insist that you take this eligibility test to determine if you’re eligible to request a pardon for your record. In most cases, if you are eligible for expungement on our test, then you’ll be eligible for a pardon.
• If you are eligible, you should talk to the lawyer that we refer you to so that you get an idea of the price for their services (it’s likely cheaper than you think because requesting a pardon is mostly paperwork) and see what other helpful information they can give you.
• If you are not eligible based on our test, then you should stop here.
• If you are eligible based on our test and want to do this without a lawyer, continue reading.
• Obtain a Pardon Application by one of the three ways previously listed.
• Prepare a personal statement that includes why you are a rehabilitated person.
• Prepare two letters of recommendation that should be from an employer, religious guide, or friend. Avoid getting a letter of recommendation from a family member.
• Notarize your completed pardon application. (Notaries can be found in most banks.)
• Submit your Pardon Application to the New Jersey State Parole Board at New Jersey State Board of Parole, CN 862, Trenton, NJ 08625.
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So, there you have it. Three separate ways to get rid of your record in New Jersey. As we’ve said numerous times throughout this page, this is a really complicated process and we highly recommend that you take this eligibility test prior to taking any action to determine if you are eligible for any of these options.
Please note, the information contained here is not legal advice and is strictly informational. If you have any further questions about the information above, or in general, you need to contact a lawyer directly.
