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What Can't be Expunged in New Jersey?

There are some offenses that can NOT be expunged in New Jersey. Unfortunately, they will remain on your record forever.

Traffic Offenses: Any traffic offense you receive will remain on your Driving Abstract forever. There is no way to have these offenses removed. While some employers, insurance companies, etc. may only look at the last several years of driving history (and that's a good thing!), when it comes to courts and other agencies, the entire history is available forever.

Certain Indictable Offenses: The following is a list of offenses which can never be expunged if you are convicted of them:

Any Criminal Homicide (Murder) (N.J.S.A. 2C:11-1, et seq.) except for Death by Auto (N.J.S.A. 2C:11-5)

Kidnapping (N.J.S.A. 2C:13-1)

Luring or Enticing (N.J.S.A. 2C:13-6)

Human Trafficking (N.J.S.A. 2C:13-6)

Sexual Assault or Aggravated Sexual Assault (N.J.S.A. 2C:14-2)

Aggravated Criminal Sexual Contact (N.J.S.A. 2C:14-3a)

Robbery (N.J.S.A. 2C:15-1)

Arson & Related Offenses (N.J.S.A. 2C:17-1)

Criminal Sexual Contact if the victim is a minor (N.J.S.A. 2C:14-3b)

Criminal Restraint or False Imprisonment if the victim is a minor and you are not the parent of the victim (N.J.S.A. 2C:13-2; N.J.S.A. 2C:13-3)

Endangering the Welfare of a Child by engaging in sexual conduct which would impair or debauch the morals of the child or cause other harm (N.J.S.A. 2C:24-4a)

Photographing or filming a child in a prohibited sexual act (N.J.S.A. 2C:24-4b(4))

Causing or permitting a child to engage in a prohibited sexual act (N.J.S.A. 2C:24-4b(3))

Distribution, possession with the intent to distribute, or using a file-sharing program to store child pornography (N.J.S.A. 2C:24-4b(5)(a))

Possessing items depicting the sexual exploitation or abuse of a child (N.J.S.A. 2C:24-4b(5)(b))

Knowingly promoting the prostitution of the actor's child (N.J.S.A. 2C:34-1b(4))

Perjury & False Swearing (N.J.S.A. 2C:28-1; N.J.S.A. 2C:28-2)

Terrorism (N.J.S.A. 2C:38-2)

Producing or Possessing Chemical Weapons, Biological Agents or Nuclear or Radiological Devices and (N.J.S.A. 2C:38-3) Abuse of Public Office

Crimes involving the sale or distribution of drugs (with some exceptions)

Also, conspiracies or attempts to commit any of the above crimes.  

If you have been convicted of any of the above, unfortunately, you are not eligible for an expungement. However, if you do NOT have any of the above convictions, you should look into an expungement of what you do have, because the process can truly increase opportunities and improve your future.

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