Expungement of Indictable Convictions in New Jersey

How Many Indictable Convictions Can Be Expunged?

New Jersey’s rules for expunging indictable convictions are more flexible than the commonly repeated rule that a person may expunge only one felony-level offense.

New Jersey refers to these offenses as “crimes” or “indictable crimes,” rather than felonies. Expungement of qualifying indictable convictions is principally governed by N.J.S.A. 2C:52-2.

Under current law, the number of indictable convictions appearing on a person’s record is important, but it does not always determine eligibility by itself. The statute recognizes several different conviction patterns. Depending on how the offenses were resolved and how they relate to one another, multiple indictable convictions can sometimes be included in an expungement.

The starting point is therefore the complete conviction history, not simply a count of how many indictable offenses appear on the record. The expungement attorneys at The Tormey Law Firm, with an office in Hackensack, review criminal histories for clients throughout Bergen County and New Jersey. Call (201)-330-4979 for a free consultation.

Expungement of One Indictable Conviction

N.J.S.A. 2C:52-2 provides a traditional avenue for expunging one eligible indictable criminal conviction.

The statute can also permit relief where that indictable conviction appears together with no more than three disorderly persons or petty disorderly persons convictions, subject to the remaining statutory requirements.

Prior convictions that are not part of the expungement application can affect the analysis, as can later convictions. The statute contains specific rules governing which conviction histories qualify and how prior expungements are treated.

Accordingly, someone with one indictable conviction should still have the entire record reviewed before assuming that the conviction is eligible.

Can More Than One Indictable Conviction Be Expunged?

Yes, in certain circumstances.

Current New Jersey law does not impose an absolute one-indictable-conviction ceiling in every case. N.J.S.A. 2C:52-2 recognizes circumstances in which multiple criminal convictions can qualify for expungement.

Two provisions are particularly important:

• Multiple qualifying convictions contained in a single judgment of conviction; and
• Multiple crimes, or a combination of crimes and disorderly persons or petty disorderly persons offenses, that were interdependent or closely related in circumstances and occurred as part of a sequence of events within a comparatively short period.

The second category is commonly referred to as the “crime spree” provision.

These rules can substantially change the result for a person whose record appears, at first glance, to contain too many indictable convictions for a traditional expungement.

Multiple Crimes in a Single Judgment of Conviction

One route to expungement of multiple crimes focuses on how the convictions were entered.

N.J.S.A. 2C:52-2 addresses multiple crimes, or a combination of crimes and disorderly persons or petty disorderly persons offenses, that are listed in a single judgment of conviction.

When the statutory conditions are satisfied, the presence of several qualifying convictions in that single judgment does not necessarily prevent expungement.

This can be significant in cases where a defendant pleaded guilty to or was convicted of several counts that were resolved together.

A prior conviction outside that judgment does not necessarily prevent the person from presenting an application for the convictions contained in the single judgment, although the statute contains additional restrictions that must be considered, including rules concerning subsequent convictions and previous expungements.

What Is the “Crime Spree” Provision?

New Jersey law provides another potential route to expungement when a person’s record contains multiple indictable convictions.

Under N.J.S.A. 2C:52-2, multiple crimes, or a combination of crimes and disorderly persons or petty disorderly persons offenses, may potentially qualify when the offenses were interdependent or closely related in their circumstances and were committed as part of a sequence of events occurring within a comparatively short period of time.

This provision is commonly referred to as the “crime spree” exception.

The statute does not impose a specific numerical limit on the number of convictions that may be included under this provision. That does not mean, however, that an unlimited number of unrelated indictable convictions can be expunged. The offenses included in the application must satisfy the statutory requirements concerning both their relationship to one another and the period during which they occurred. The statute also restricts eligibility when there is a subsequent conviction outside the convictions included in the application.

As a result, simply counting the number of indictable convictions on a criminal history does not always determine whether traditional expungement is available. For a closer look at how courts apply this exception, see what a crime spree expungement is in New Jersey.

How Closely Related Must the Crimes Be?

There is no fixed number of days or weeks that automatically establishes a “comparatively short period of time.” The circumstances and connection between the offenses also matter.

New Jersey cases illustrate both sides of the rule.

For example, in In the Matter of the Expungement of C.P.M., the Appellate Division rejected an attempt to group distinct drug-possession, burglary, and criminal-mischief offenses together merely because the petitioner attributed the conduct to his drug use. A common personal motivation was not enough to make otherwise unrelated crimes interdependent or closely related.

This decision demonstrates why the crime-spree provision requires more than offenses occurring during the same general period of a person’s life. The relationship among the crimes themselves, the sequence in which they occurred, and the amount of time separating them must be considered.

Does a Prior Unrelated Conviction Automatically Prevent Expungement?

Not necessarily. N.J.S.A. 2C:52-2 distinguishes between certain prior convictions and subsequent convictions when determining whether an application may be presented.

Subject to other statutory restrictions, including rules concerning a previously expunged criminal conviction, an earlier conviction that is not part of a single judgment or qualifying closely related sequence does not necessarily prevent a person from seeking expungement of the convictions that are the subject of the application.

A subsequent conviction outside the convictions included in the application can present a different problem and may prevent eligibility under the applicable provision.

The chronology of the entire record is therefore important when multiple convictions are involved.

How Long Must You Wait to Expunge an Indictable Conviction?

For a traditional expungement under N.J.S.A. 2C:52-2, the general waiting period is five years.

The five-year period is measured from the latest applicable event identified in the statute. Depending on the sentence, those events can include:

• The most recent conviction;
• Payment of a court-ordered financial assessment;
• Satisfactory completion of probation or parole; or
• Release from incarceration.

The applicable date is therefore not necessarily the date on which the person pleaded guilty or was sentenced.

The statute also contains provisions addressing certain circumstances involving financial assessments. Eligibility should be calculated from the actual sentence history rather than from the conviction date alone.

What If Fines or Restitution Are Still Owed?

An unpaid court-ordered financial assessment requires additional analysis, but it should not automatically be treated as a permanent bar.

For purposes of the expungement statute, financial assessments can include fines, fees, penalties, restitution, and other monetary obligations imposed as part of the sentence.

N.J.S.A. 2C:52-2 addresses circumstances in which the applicable time has otherwise passed but a financial assessment remains unpaid for reasons other than willful noncompliance. Depending upon the statutory requirements, the court may still be able to grant relief while allowing the outstanding obligation to continue as a civil judgment.

The reason for nonpayment and the history of compliance with the court’s financial requirements can therefore matter.

Are All Indictable Crimes Eligible for Expungement?

No. N.J.S.A. 2C:52-2 expressly excludes numerous serious offenses from expungement. The statutory exclusions include, among others:

• Most forms of criminal homicide;
• Kidnapping;
• Human trafficking;
• Robbery;
• Arson;
• Aggravated sexual assault and sexual assault;
• Certain offenses involving sexual conduct or exploitation of children, such as luring or enticing and certain forms of endangering the welfare of a child;
• Terrorism; and
• Other specifically enumerated crimes.

The statute also restricts expungement of certain crimes committed by public officials or public employees when the offense involved or touched the person’s public office, position, or employment, such as official misconduct.

A conviction that is statutorily barred does not become eligible merely because the waiting period has passed or because it occurred during the same period as other crimes.

What About an Attempt or Conspiracy to Commit a Non-Expungeable Crime?

The statutory exclusions are not limited to completed offenses.

N.J.S.A. 2C:52-2 expressly includes conspiracies and attempts involving specified non-expungeable crimes among the convictions that cannot be cleared.

For that reason, the precise statute of conviction matters even where the defendant was not convicted of the completed substantive offense.

Drug Distribution and Possession With Intent to Distribute

Convictions involving distribution of controlled dangerous substances or possession with intent to distribute are subject to additional restrictions.

N.J.S.A. 2C:52-2 generally bars expungement of sale, distribution, or possession-with-intent convictions except for the categories specifically permitted by the statute.

Current law permits consideration of qualifying marijuana cases involving less than one ounce and hashish cases involving less than five grams. It also permits potential expungement of a third- or fourth-degree distribution or possession-with-intent conviction involving another controlled dangerous substance when the court finds compelling circumstances.

New Jersey’s expungement laws contain additional special treatment for certain marijuana and hashish convictions when eligibility and conviction totals are determined.

A drug conviction should therefore be evaluated using the exact statute, degree, substance, and quantity involved rather than under a general rule applicable to every drug offense.

Does an Out-of-State Criminal Record Affect Eligibility?

It can. N.J.S.A. 2C:52-2 expressly takes convictions from other jurisdictions into account in several of its eligibility provisions.

An applicant’s history therefore should not be reviewed solely through New Jersey court records when the individual also has convictions elsewhere.

The timing and relationship of those convictions can affect whether a particular avenue under N.J.S.A. 2C:52-2 is available.

Traditional Expungement and Clean Slate Are Different

Someone whose record does not fit within the traditional provisions of N.J.S.A. 2C:52-2 may need to consider whether New Jersey’s Clean Slate statute provides another avenue for relief.

Clean Slate operates under N.J.S.A. 2C:52-5.3 and has its own eligibility requirements, including a longer statutory period.

The availability of Clean Slate does not eliminate the importance of analyzing traditional expungement first. A person with multiple indictable convictions may discover that the single-judgment or crime-spree provisions of N.J.S.A. 2C:52-2 provide a potential route to relief without relying on Clean Slate.

Why the Number of Indictable Convictions Does Not Tell the Whole Story

Looking at a criminal history and counting the number of indictable convictions can produce the wrong answer.

An accurate analysis may require determining:

• Whether the convictions appear in a single judgment;
• Whether multiple crimes were interdependent or closely related;
• How much time separated the underlying offenses;
• Whether there are prior or subsequent unrelated convictions;
• Whether any conviction is statutorily barred from expungement;
• Whether another jurisdiction’s convictions appear on the record;
• Whether a prior criminal conviction has already been expunged;
• When probation, parole, incarceration, and applicable financial obligations were completed; and
• Whether special statutory treatment applies to a particular offense.

Only after those questions are answered can the appropriate expungement provision be identified.

New Jersey Indictable Conviction Expungement Attorneys

New Jersey’s current expungement statute provides more flexibility for multiple indictable convictions than a simple “one conviction only” rule suggests, but the analysis can become complicated when a record contains several crimes, multiple judgments of conviction, or offenses committed during a relatively short period.

The attorneys at The Tormey Law Firm handle expungement matters throughout New Jersey. We can review a client’s complete criminal history, determine whether convictions qualify under N.J.S.A. 2C:52-2, evaluate whether multiple convictions may fall within the single-judgment or crime-spree provisions, calculate the applicable waiting period, and identify other forms of expungement relief when appropriate.

We also handle Clean Slate applications, disorderly persons expungements, dismissed charges, diversionary matters, marijuana-related expungements, and other New Jersey criminal-record issues.

To discuss an indictable conviction or a record containing multiple convictions and determine which expungement options may be available, call (201)-330-4979 or fill out our online contact form. Consultations are always provided free of charge.