Convictions that cannot be expunged:
DWI and traffic offenses
Domestic Violence Restraining Orders
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 and Related Offenses
- 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 Offenses
- 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)
Endangering the Welfare of Children
- 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)
Also, conspiracies or attempts to commit any of the above crimes.
Abuse of Public Office
Records of conviction of ANY crime committed by a person holding any public office, position or employment, elective or appointive, under the government of this State or any agency or political subdivision thereof and any conspiracy or attempt to commit such a crime shall not be subject to expungement if the crime involved or touched such office.
Certain Drug Offenses
Convictions for sale or distribution of drugs, or possession with intent to sell cannot be expunged, except in cases where the crimes involve:
- Marijuana, where the total quantity sold, distributed, or possessed with intent to sell was 25 grams or less; or
- Hashish, where the total quantity sold, distributed, or possessed with intent to sell was 5 grams or less.
There is now an exception to the some drug convictions. A conviction for third degree and fourth degree crimes involving sale or distribution of drugs, or possession with intent to sell may be expunged if the court finds that expungement is in the public interest, considering the nature of the offense and the character and conduct of the petitioner since conviction. In such cases, the court must also consider whether the need to keep the records outweighs the desire to free the applicant of the burden of their criminal record.
Traffic tickets and DWI cannot be expunged
Family Court FRO Restraining Orders
Federal Sandy Hook case
Certain Convictions Prior to September 1, 1979
Convictions of the following prior to September 1, 1979 are also non-expungeable:
- Murder
- Manslaughter
- Treason
- Anarchy
- Kidnapping
- Rape
- Forcible sodomy
- Arson
- Perjury
- False swearing
- Robbery
- Embracery or a conspiracy or any attempt to commit same
- Aiding, assisting or concealing persons accused of the foregoing crimes.
Source with helpful info https://www.lsnjlaw.org/Pages/a2j/expunge/Cannot-be-expunged.aspx
Offenses no expungement
2C:52-2
b. Records of conviction pursuant to statutes repealed by this Code for the crimes of murder, manslaughter, treason, anarchy, kidnapping, rape, forcible sodomy, arson, perjury, false swearing, robbery, embracery, or a conspiracy or any attempt to commit any of the foregoing, or aiding, assisting or concealing persons accused of the foregoing crimes, shall not be expunged.
Records of conviction for the following crimes specified in the New Jersey Code of Criminal Justice shall not be subject to expungement: N.J.S.2C:11-1 et seq. (Criminal Homicide), except death by auto as specified in N.J.S.2C:11-5 and strict liability vehicular homicide as specified in section 1 of P.L.2017, c.165 (C.2C:11-5.3); N.J.S.2C:13-1 (Kidnapping); section 1 of P.L.1993, c.291 (C.2C:13-6) (Luring or Enticing); section 1 of P.L.2005, c.77 (C.2C:13-8) (Human Trafficking); N.J.S.2C:14-2 (Sexual Assault or Aggravated Sexual Assault); subsection a. of N.J.S.2C:14-3 (Aggravated Criminal Sexual Contact); if the victim is a minor, subsection b. of N.J.S.2C:14-3 (Criminal Sexual Contact); if the victim is a minor and the offender is not the parent of the victim, N.J.S.2C:13-2 (Criminal Restraint) or N.J.S.2C:13-3 (False Imprisonment); N.J.S.2C:15-1 (Robbery); N.J.S.2C:17-1 (Arson and Related Offenses); subsection a. of N.J.S.2C:24-4 (Endangering the welfare of a child by engaging in sexual conduct which would impair or debauch the morals of the child, or causing the child other harm); paragraph (4) of subsection b. of N.J.S.2C:24-4 (Photographing or filming a child in a prohibited sexual act or for portrayal in a sexually suggestive manner); paragraph (3) of subsection b. of N.J.S.2C:24-4 (Causing or permitting a child to engage in a prohibited sexual act or the simulation of an act, or to be portrayed in a sexually suggestive manner); subparagraph (a) of paragraph (5) of subsection b. of N.J.S.2C:24-4 (Distributing, possessing with intent to distribute or using a file-sharing program to store items depicting the sexual exploitation or abuse of a child); subparagraph (b) of paragraph (5) of subsection b. of N.J.S.2C:24-4 (Possessing or viewing items depicting the sexual exploitation or abuse of a child); section 8 of P.L.2017, c.141 (C.2C:24-4.1) (Leader of a child pornography network); N.J.S.2C:28-1 (Perjury); N.J.S.2C:28-2 (False Swearing); paragraph (4) of subsection b. of N.J.S.2C:34-1 (Knowingly promoting the prostitution of the actor's child); section 2 of P.L.2002, c.26 (C.2C:38-2) (Terrorism); subsection a. of section 3 of P.L.2002, c.26 (C.2C:38-3) (Producing or Possessing Chemical Weapons, Biological Agents or Nuclear or Radiological Devices); and conspiracies or attempts to commit such crimes.
Records of conviction for any crime committed by a person holding any public office, position or employment, elective or appointive, under the government of this State or any agency or political subdivision thereof and any conspiracy or attempt to commit such a crime shall not be subject to expungement if the crime involved or touched such office, position or employment.
c. In the case of conviction for the sale or distribution of a controlled dangerous substance or possession thereof with intent to sell, expungement shall be denied except where the crimes involve:
(1) Marijuana, where the total quantity sold, distributed or possessed with intent to sell was less than one ounce;
(2) Hashish, where the total quantity sold, distributed or possessed with intent to sell was less than five grams; or
(3) Any controlled dangerous substance provided that the conviction is of the third or fourth degree, where the court finds that compelling circumstances exist to grant the expungement. The prosecutor may object pursuant to section 11 of P.L.2019, c.269 (C.2C:52-10.1), N.J.S.2C:52-11, N.J.S.2C:52-14, orN.J.S.2C:52-24.
d. In the case of a State licensed physician or podiatrist convicted of an offense involving drugs or alcohol or pursuant to section 14 or 15 of P.L.1989, c.300 (C.2C:21-20 or 2C :21-4.1), the petitioner shall notify the State Board of Medical Examiners upon filing an application for expungement and provide the board with a copy thereof. The petitioner shall also provide to the court a certification attesting that the requirements of this subsection were satisfied. Failure to satisfy the requirements of this subsection shall be grounds for denial of the expungement application and, if applicable, administrative discipline by the board.
