The most common question I hear before any discussion of the process, the timeline, or the cost is: “Can my charge even be expunged?” It’s the right question to ask first. New Jersey’s expungement law provides a path to clearing many types of criminal records — but not all of them. Before you invest time and money in a petition, you need to know whether your offense qualifies.
The General Rule: Most Convictions Under Title 2C Are Eligible
New Jersey’s expungement statute, N.J.S.A. 2C:52-1 et seq., covers criminal offenses under the New Jersey Code of Criminal Justice (Title 2C). If your conviction falls under Title 2C — as most criminal charges do — then expungement is at least potentially available, subject to waiting periods and eligibility limits.
The offenses that cannot be expunged are specifically listed in the statute. If your offense isn’t on that list, it’s likely eligible.
Indictable Crimes (Felony-Level Offenses)
In New Jersey, what other states call felonies are called indictable crimes, classified by degree from first through fourth. Most people with a single indictable conviction can seek expungement after a five-year waiting period from the date of conviction, payment of any fine or restitution, and completion of any probation, parole, or incarceration — whichever comes latest.
Eligible indictable offenses include a wide range of fourth and third-degree crimes, and in many cases second-degree crimes as well — drug possession, theft, certain assault charges, weapons possession (in some circumstances), and others. The degree of the crime alone doesn’t automatically disqualify you; what matters is whether the specific offense is on the list of permanently barred crimes.
One important limit: you are generally eligible to expunge only one indictable conviction in your lifetime. If you have more than one, you are typically not eligible — with a narrow exception for multiple charges that were part of the same criminal episode and resolved together.
Disorderly Persons and Petty Disorderly Persons Offenses
These are New Jersey’s misdemeanor-equivalent offenses, handled in municipal court. Common examples include simple assault, harassment, shoplifting (under a certain dollar threshold), trespass, and disorderly conduct.
Most disorderly persons and petty disorderly persons convictions are eligible for expungement after a five-year waiting period. You may be able to include multiple disorderly persons convictions on a single petition — generally up to three — provided your overall history meets the eligibility requirements.
Municipal Ordinance Violations
Violations of local ordinances — not criminal charges, but civil municipal violations — may be expunged after a two-year waiting period from conviction or fine payment.
Drug Offenses: Generally Eligible
Drug charges are among the most common expungement cases. Most drug possession offenses — including CDS possession and marijuana possession (under the older law) — are eligible for expungement under the standard waiting periods.
Drug distribution and intent to distribute charges are more nuanced. Depending on the specific statute, the quantity involved, and the sentence imposed, some distribution convictions are eligible and some are not. New Jersey also has an early pathway under N.J.S.A. 2C:52-5 for certain drug offenses — particularly first-offense CDS violations that did not result in state prison time — that allows eligible individuals to petition sooner than the standard timeline.
Crimes That Cannot Be Expunged in New Jersey
Certain offenses are permanently barred from expungement under N.J.S.A. 2C:52-2(b), regardless of how much time has passed or how clean your record has been since. These are:
- Murder and related homicide offenses (N.J.S.A. 2C:11-3 et seq.)
- Kidnapping (N.J.S.A. 2C:13-1)
- Human trafficking (N.J.S.A. 2C:13-8)
- Sexual assault and aggravated sexual assault (N.J.S.A. 2C:14-2)
- Aggravated criminal sexual contact (N.J.S.A. 2C:14-3a)
- Endangering the welfare of a child through sexual conduct (N.J.S.A. 2C:24-4)
- First-degree robbery (N.J.S.A. 2C:15-1, first degree only)
- Arson and related offenses (N.J.S.A. 2C:17-1)
- Perjury (N.J.S.A. 2C:28-1) and false swearing (N.J.S.A. 2C:28-2)
- Continuing criminal enterprise (N.J.S.A. 2C:35-3)
If you were convicted of any of these offenses, expungement is not available, no matter how long ago the conviction occurred.
DWI: Not Eligible (and Here’s Why)
A DWI conviction cannot be expunged in New Jersey. DWI is a motor vehicle offense under Title 39, not a criminal offense under Title 2C. Because the expungement statute only applies to Title 2C criminal offenses, DWI falls outside its reach entirely. Learn more about DWI and expungement in NJ.
Arrests Without Conviction
If you were arrested but the charges were dismissed, downgraded, or you were acquitted, you may be able to expunge the arrest record under N.J.S.A. 2C:52-6 — often without any waiting period. An arrest on your record, even without a conviction, can sometimes appear on background checks. Clearing it is typically straightforward.
How Prior Convictions Affect Eligibility
Your eligibility isn’t just about the offense you want to expunge — it’s about your entire criminal history. In general:
- If you have one indictable conviction, you are potentially eligible — provided you don’t have more than a certain number of disorderly persons convictions alongside it.
- If you have more than one indictable conviction, you are generally not eligible for expungement of any of them, with narrow exceptions for charges arising from the same criminal episode.
- If you have multiple disorderly persons convictions only (no indictable conviction), you may be eligible to expunge several of them together — generally up to three — in a single petition.
The interplay between different conviction types can be complex. An attorney who regularly handles expungements can review your full history and tell you exactly what’s eligible and what isn’t before you file anything.
Not Sure If Your Offense Qualifies?
Call for a free consultation. I’ll review your record, tell you whether you’re eligible, and explain exactly what can and can’t be expunged.
Free consultation: (908) 388-9310
Or contact Jenna Casper Bloom online.
→ Also see: New Jersey Expungement: The Complete Guide
Frequently Asked Questions
What crimes can be expunged in New Jersey?
Most criminal offenses under New Jersey’s Criminal Code (Title 2C) can be expunged after the applicable waiting period, provided the offense isn’t one of the permanently barred crimes. This includes most drug offenses, theft, assault (in many circumstances), weapons possession (in some circumstances), disorderly persons offenses, and petty disorderly persons offenses. The barred crimes — including murder, sexual assault, kidnapping, and first-degree robbery — cannot be expunged regardless of how much time has passed.
Can a disorderly persons conviction be expunged in NJ?
Yes. Disorderly persons and petty disorderly persons convictions are eligible for expungement in New Jersey after a five-year waiting period from conviction, payment of fine, or completion of probation, whichever is later. Multiple disorderly persons convictions can often be included on a single petition, subject to eligibility limits based on your overall criminal history.
Can a drug possession charge be expunged in New Jersey?
Yes, in most cases. Drug possession offenses are generally eligible for expungement after the applicable waiting period. New Jersey also has an early pathway for certain first-offense drug violations under N.J.S.A. 2C:52-5. Drug distribution convictions are more complex and eligibility depends on the specific charge, quantity, and sentence.
Can a felony conviction be expunged in NJ?
Yes, in many cases. New Jersey calls felony-level offenses “indictable crimes.” Most fourth and third-degree indictable convictions are eligible for expungement after a five-year waiting period. However, you are generally only able to expunge one indictable conviction in your lifetime, and certain serious offenses — including murder, sexual assault, and first-degree robbery — are permanently barred.
What crimes are NOT eligible for expungement in New Jersey?
The permanently barred crimes include: murder and homicide offenses, kidnapping, human trafficking, sexual assault and aggravated sexual assault, aggravated criminal sexual contact, endangering the welfare of a child through sexual conduct, first-degree robbery, arson, perjury and false swearing, and continuing criminal enterprise. DWI is also not expungeable — it is a motor vehicle offense that falls outside the expungement statute entirely.
Can an assault conviction be expunged in NJ?
It depends on the degree. Simple assault (a disorderly persons offense) is eligible for expungement after a five-year waiting period. Aggravated assault (an indictable crime) may be eligible depending on the degree and your overall criminal history. The specific facts of your case and history determine eligibility.
