Will My Inheritance Be Protected in a Divorce?
Reviewed by Daniel P. McNerney, Esq.
📋 Quick Case Summary: NJ Criminal Records & Expungement
A criminal conviction in New Jersey carries severe, lifelong collateral consequences that impact your housing, employment, and legal status. Understanding your rights under state statute is critical to protecting your future.
- Indictable Offenses: Felony-level convictions are placed on the permanent public record, creating immediate barriers to loans, job opportunities, and housing rentals.
- Expungement Protocol (N.J.S.A. 2C:52-2): Eligible individuals can petition to have a single indictable conviction sealed after a mandatory 5-year statutory waiting period has cleared.
- Ineligible Offenses: High-level crimes (e.g., kidnapping, robbery, homicide) cannot be expunged. Traffic violations like DWI/DUI are handled via Title 39 and remain permanently on your driving abstract.
Criminal records are perhaps more damaging to a reputation than just about anything else. That is why if you are someone who has been charged with a crime, you must read on and reach out to our experienced New Jersey criminal defense attorneys to learn more about criminal records and how we can help you avoid getting one. Here are some of the questions you may have:
What are the immediate consequences when I am convicted of a crime in New Jersey?
When people are convicted of crimes, their punishment often extends far beyond their time in jail and/or the fines they have to pay. In accordance with New Jersey laws, a standard felony charge is considered an indictable offense in the state, meaning you can face serious consequences if you are convicted of an offense at this level.
If you are convicted of a crime, you will obtain a criminal record. This means that in many cases, the general public will know you are a convicted felon because your offenses will be placed on the public record, which can lead to a lifetime of penalties. Rather obviously, this can have very serious ramifications.
In many cases, a criminal record can make you ineligible for certain loans. In other cases, a criminal conviction can prevent you from renting a place to live in certain areas. You may find it far more challenging to get a job, as employers frequently ask if you’ve been convicted of a felony, and will generally conduct a background check. Finally, if you are an immigrant and are convicted of a crime, you even risk deportation. If you are facing criminal charges and the subsequent consequences associated with a criminal record, working with an experienced Bergen County criminal defense attorney with our firm can help you get your life back on track.
What crimes can be expunged in New Jersey under N.J.S.A. 2C:52-2?
Many people seek expungements after being convicted of a crime, as expungements will essentially clear their name. An expungement occurs when someone convicted of a criminal offense petitions the court to have their conviction destroyed or permanently sealed from public view.
In New Jersey, fortunately, certain low-level crimes can be expunged. However, that being said, there are various crimes that are ineligible for expungement, which is why it is always best to retain the services of an experienced criminal defense attorney who can fight your charges and prevent you from obtaining one in the first place. Some of the crimes that are generally ineligible for expungement in New Jersey are as follows:
- False imprisonment
- Criminal homicide
- Kidnapping
- Perjury
- False swearing
- Criminal sexual contact with a minor
- Robbery
- Endangering the welfare of a child
If you have recently been charged with any of these offenses, you are just a click away from the knowledgeable, aggressive representation you deserve and need to fight for the best possible outcome and move on from this chapter of your life. Per N.J.S.A. 2C:52-2, an individual may typically petition to expunge a single eligible indictable conviction after a baseline statutory waiting period of five years has elapsed from the completion of jail time, probation, or payment of fines.
Contact our experienced New Jersey firm for a defense consultation
If you or someone you know is facing criminal charges in the state of New Jersey, you need an experienced attorney on your side who is ready to help you through every step of the legal process going forward. Contact the legal team at McNerny & McAuliffe today. Our firm is also experienced in handling legal matters relating to divorce, family law, personal injury law, and more. We are here to help–all you have to do is ask.