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What Crimes Cannot Be Expunged in New Jersey?

On Behalf of | Nov 29, 2021 | Aggravated Assault, Expungments

Having a criminal conviction expunged means that your permanent criminal record is effectively “sealed” or erased in the eyes of the law. There are many positive reasons to have a conviction expunged. Having a criminal record can prevent you from certain types of employment, housing, education, and professional licensing opportunities. However, there are many criminal convictions in New Jersey that cannot be expunged.

Before you begin the complicated process of getting a conviction expunged, you should know which convictions can be wiped clean and which cannot. These are some convictions that cannot be expunged:

  • Criminal homicide.
  • Kidnapping
  • Luring or enticing human trafficking.
  • Aggravated sexual assault.
  • Aggravated criminal sexual contact.
  • Criminal restraint or false imprisonment.
  • Robbery
  • Arson
  • Endangering the welfare of a child.
  • Selling or manufacturing child pornography.
  • Perjury
  • Terrorism

Even though the above convictions are not expungable, you may have other convictions that can be expunged. For this reason, you should speak to a lawyer if you are thinking about going through with the expungement process.

Can Drug Crimes Be Expunged?

Most drug crimes that involve the sale and distribution of drugs cannot be expunged. However, there are certain exceptions to this rule:

  • Marijuana, where the total quantity sold, distributed, or possessed with intent to sell was 25 grams or less.
  • Hashish, where the total quantity sold, distributed, or possessed with intent to sell was five grams or less.
  • Any controlled dangerous substance provided that the conviction is of the third or fourth degree.

Crimes in Public Office

If a person is holding a public office position, elective, or appointive under the government in New Jersey or any agency or political subdivision and they commit a crime or they are involved in a conspiracy, they cannot be expunged. The crime has to involve or relate in some way to the governmental position or office. For example, a conviction based upon a politician accepting bribes for doling out government contracts would not be expungable.

South Jersey Expungement Lawyers at Agre & St. John Are Here to Help You Through the Expungement Process

If you are thinking about trying to get a conviction expunged, you should know which convictions are expungable. Our South Jersey expungement lawyers at Agre & St. John are here to help you. Call us at 856-428-7797 or fill out our online form for an initial consultation today. Located in Haddonfield, New Jersey, we serve clients throughout South Jersey, including Burlington County, Camden County, Gloucester County, and Salem County.

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