Can You Expunge an Assault Charge in New Jersey?

Simple assault: disorderly persons offense expungement

A person convicted of one or more disorderly persons or petty disorderly persons offenses, and no crime, may present an expungement application pursuant to N.J.S.2C:52-3.

Under N.J.S.2C:52-3(b), a person convicted of no more than five disorderly persons offenses, no more than five petty disorderly persons offenses, or a combination of no more than five such offenses may present an expungement application only if the person does not otherwise have any subsequent disorderly persons or petty disorderly persons conviction that would make the total exceed five.

A person convicted of one or more disorderly persons or petty disorderly persons offenses who has also been convicted of one or more crimes is not eligible to apply for expungement under N.J.S.2C:52-3, but may apply under N.J.S.2C:52-2.

Waiting period for disorderly persons offenses

Under N.J.S.2C:52-3(b), if eligible, a person may present the expungement application after the expiration of a period of five years from the date of the person's most recent conviction, payment of any court-ordered financial assessment, satisfactory completion of probation or parole, or release from incarceration, whichever is later.

Under N.J.S.2C:52-3(b), a court may grant an expungement when at least three but less than five years have expired from the date of the most recent conviction, payment of any court-ordered financial assessment, satisfactory completion of probation or parole, or release from incarceration, whichever is later, the person has not been otherwise convicted of a crime, disorderly persons offense, or petty disorderly persons offense since the time of the most recent conviction, and the court finds in its discretion that compelling circumstances exist.

Expunging a crime-level assault conviction

Under N.J.S.2C:52-2, a person convicted of one crime under the laws of this State who does not otherwise have any subsequent conviction for another crime, whether within this State or any other jurisdiction, may present an expungement application to the Superior Court.

Under N.J.S.2C:52-2(a), a person convicted of one crime and no more than three disorderly persons or petty disorderly persons offenses, with no subsequent conviction for another crime or additional disorderly persons or petty disorderly persons offense that would bring the total above three, may qualify under this subsection.

The waiting period:

Under N.J.S.2C:52-2, a person eligible to apply for expungement of a crime conviction may present the expungement application after the expiration of a period of five years from the date of the most recent conviction, payment of any court-ordered financial assessment, satisfactory completion of probation or parole, or release from incarceration, whichever is later.

Under N.J.S.2C:52-2(a), a court may grant an expungement when at least four but less than five years have expired from the date of the most recent conviction, payment of any court-ordered financial assessment, satisfactory completion of probation or parole, or release from incarceration, whichever is later, the person has not been otherwise convicted of a crime, disorderly persons offense, or petty disorderly persons offense since the time of the most recent conviction, and the court finds in its discretion that compelling circumstances exist.

What "court-ordered financial assessment" means

The term 'court-ordered financial assessment' as used in N.J.S.2C:52-2 means and includes any fine, fee, penalty, restitution, and other form of financial assessment imposed by the court as part of the sentence for the conviction or convictions that are the subject of the application, for which payment of restitution takes precedence in accordance with chapter 46 of Title 2C of the New Jersey Statutes.

Where to file

Under N.J.S.2C:52-2, a person may submit an expungement application to the Superior Court in the county in which the person resides or a county in which one or more of the person's convictions were adjudged.

Offenses that cannot be expunged

Records of conviction for the following crimes specified in the New Jersey Code of Criminal Justice are not subject to expungement: N.J.S.2C:11-1 et seq. (Criminal Homicide, except death by auto and strict liability vehicular homicide), 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, paragraph (4) of subsection b. of N.J.S.2C:24-4, paragraph (3) of subsection b. of N.J.S.2C:24-4, subparagraphs (a) and (b) of paragraph (5) of subsection b. of N.J.S.2C:24-4, section 8 of P.L.2017, c. 141 (C.2C:24-4.1), 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, section 2 of P.L.2002, c. 26 (C.2C:38-2), subsection a. of section 3 of P.L.2002, c. 26 (C.2C:38-3), 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, are not subject to expungement if the crime involved or touched such office, position or employment.

Reasons a petition can be denied

Grounds for denial include:

A petition for expungement shall be denied when any statutory prerequisite, including any provision of the expungement chapter, is not fulfilled or there is any other statutory basis for denying relief.

A petition for expungement may be denied when the need for the availability of the records outweighs the desirability of having a person freed from any disabilities as otherwise provided in the expungement chapter, but only following objection of a party given notice and with the burden on the objector.

Except as set forth in the clean slate provision, a person is barred from expungement when the person has had a previous criminal conviction expunged regardless of the lapse of time between the prior expungement and the present petition.

Arrest records when charges were dismissed or you were acquitted

When a person has been arrested or held to answer for a crime, disorderly persons offense, petty disorderly persons offense, or municipal ordinance violation and proceedings against the person were dismissed, the person was acquitted, or the person was discharged without a conviction or finding of guilt, the Superior Court shall, at the time of dismissal, acquittal, or discharge, or, in a case set forth in paragraph (1) of this subsection, order the expungement of all records and information relating to the arrest.

An expungement related to a dismissal, acquittal, or discharge shall not bar any future expungement.

Plea bargain exception:

An expungement petition shall be denied when the dismissal, acquittal, or discharge of charges resulted from a plea bargaining agreement involving the conviction of other charges, unless the conviction is itself expunged.