Antranig Garibian maintains an active litigation practice throughout the state and federal courts of Delaware, New Jersey, New York, and Pennsylvania.
Mr. Garibian represents and advises individuals and businesses on matters involving commercial contracts, insurance coverage, liability claims, corporate governance, loss prevention and general business matters.
Mr. Garibian frequently writes articles and speaks at seminars on a wide array of emerging legal issues.
He is a graduate of Princeton University and Temple University School of Law.
EXPUNGING JUVENILE CONVICTIONS IN NEW JERSEY
Don't Let Mistakes from Your Youth Ruin Your Future
Nobody wants a criminal record, even if they’re from your childhood. A criminal record can limit your job opportunities, make finding a place to live more difficult, and even take away your Second Amendment right to own a gun. More than anything, living with a criminal record just isn’t fair once you’ve paid your debt to society.
Having a criminal record for the rest of your life isn’t a pleasant thought, especially after you’ve already served your sentence. The juvenile justice system in New Jersey does not use the term conviction. Instead, when you are found guilty as a juvenile, the court will adjudge you as a “juvenile delinquent.” To make things easier, we are going to refer to findings of delinquency as convictions.
Thankfully, New Jersey provides two different ways to expunge juvenile convictions. First, you can use the same method as expunging an adult conviction, which is described in detail on our Expunging Convictions in New Jersey page. Second, there is a separate process to expunge juvenile records using N.J.S. 2C:52-4.1, which is covered in more detail below. If you qualify for this process of juvenile record expungement, it will expunge your entire juvenile record.
New Jersey criminal law uses different terminology than most states. Instead of “felony,” the common term for a serious crime, New Jersey uses the term “indictable offense” for crimes that are punishable by more than six months of confinement. Additionally, instead of using the much more common term “misdemeanor,” New Jersey calls its less serious crimes “disorderly persons offenses.” In contrast, its least serious offenses are called violations of municipal ordinances, which is commonly used in many states. To keep things simple, we are going to use felony, misdemeanor, and violation when describing different levels of crimes.
Our law firm has helped thousands of clients deal with criminal records of every kind, and we hear success stories from them often. If a conviction in New Jersey is holding you back in life, keep reading to see what you can do about it.
This Information Is For You
Since the majority of people reading this aren’t lawyers, we’ve tried to simplify the legal jargon on our website, so regular people may follow along and get the information needed to understand their rights. However, before we get started, we should be clear that some of this information can get complicated, and, in many cases, it’s best to seek the assistance of an experienced lawyer.
To help you understand your rights, our lawyers have developed a tool that can be helpful in figuring out your options. This tool can’t be perfectly accurate in every situation, but our lawyers have invested substantial time and resources working to make it as accurate as possible.
You can get started by using our Secure Eligibility Test, or you can give us a call at (844) 947-3732 to see if our legal staff is available for a free consultation. Be aware that our staff is often busy with current clients and a high volume of calls and appointments. If you’re serious about getting rid of your record, your best bet is to take our secure, confidential Eligibility Test and then schedule an appointment to discuss your results and options.
Can You Get Your Juvenile Record Expunged?
The rules pertaining to juvenile record expunged are very specific, but, as a rule of thumb, sealing is generally more likely when the offenses occurred a while ago, are not very serious crimes, and when the person has remained out of trouble since.
The general requirements to expunge a juvenile conviction record under New Jersey law (N.J.S. 2C:52-4.1) are the following:
- You must wait at least three years since you were released from custody, or, if you were not in custody, three years must have elapsed since any court order was filed
- You have not been convicted of a crime, found to be a delinquent, or been in need of supervision during the last three years
- You do not have any convictions or findings of delinquency for any of prohibited offenses listed below
- You have never had an adult conviction expunged
- You have never had a felony dismissed following completion of a supervisory treatment or diversion program.
1. Juvenile Offenses that Cannot be Expunged
If you have been convicted as an adult or found delinquent as a juvenile of any of the following offenses, you will be prohibited from using this method of juvenile expungement:
- Any offense committed by a person holding public office, if the crime touched or involved their public office
- Criminal Homicide, except death by auto as specified in section 2C:11-5 (Section 2C:11-1 et seq.)
- Kidnapping (Section 2C:13-1)
- Luring or Enticing (Section 2C:13-6)
- Human Trafficking (Section C.2C:13-8)
- Aggravated Sexual Assault (Section 2C:14-2)
- Aggravated Criminal Sexual Contact (Section 2C:14-3a)
- Criminal Sexual Contact, if the victim is a minor (Section 2C:14-3b)
- Criminal Restraint or False Imprisonment, if the victim is a minor and the offender is not the parent of the victim (Section 2C:13-2 or 2C:13-3)
- Robbery (Section 2C:15-1)
- Arson and Related Offenses (Section 2C:17-1)
- Endangering the welfare of a child by engaging in sexual conduct which would impair or debauch the morals of the child (Section 2C:24-4a)
- Endangering the Welfare of a Child (Section 2C:24-4b(4))
- Causing or permitting a child to engage in a prohibited sexual act (Section 2C:24-4b(3))
- Selling or manufacturing child pornography (Section 2C:24-4b.(5)(a))
- Perjury (Section 2C:28-1)
- False Swearing (Section 2C:28-2)
- Knowingly promoting the prostitution of the actor's child (Section 2C:34-1b(4))
- Terrorism (Section C.2C:38-2))
- Producing or Possessing Chemical Weapons, Biological Agents or Nuclear or Radiological Devices (Section C.2C:38-3) and
- Conspiracies or attempts to commit such crimes.
If committed prior to September 1, 1971, the following criminal offenses will also prevent you from using this method of juvenile expungement:
- Forcible Sodomy
- False Swearing
- or a conspiracy or any attempt to commit any of these offenses.
2. What to Do if You Don't Qualify Under This Law
If you don’t qualify to expunge your entire juvenile record under N.J.S. 2C:52-4.1, it’s important to remember that you can also expunge juvenile convictions using the same method as adult conviction expungements under N.J.S.A. 2C:52. To learn about whether you can expunge your record under that law, please visit our New Jersey Conviction Expungement page.
Legal Effect Of Expunging New Jersey Convictions
How Will Expunging my Juvenile Conviction Help Me Get A Job?
Expunging juvenile records is one of the best ways to improve your chances of obtaining a job with a juvenile criminal record. If your court order is granted, your expunged records will not be available to the public and will not appear in employment-related background checks, unless you’re seeking a job in law enforcement. Various criminal justice agencies may access expunged records, but they’re rarely permitted to share them or comment on their existence.
Once you have received a court order expunging your record, you may legally state that you have not been convicted of that crime and act as though it never occurred. New Jersey’s expungement laws are very effective in helping you pass the background checks that most employers require.
Will Expunging Juvenile Convictions Restore My Second Amendment Rights?
In most cases, yes. Unless there is another reason your firearm rights have been taken away, expunging a juvenile conviction under N.J.S. 2C:52-4.1restricted your firearm rights will allow you to obtain a Firearms Purchaser Identification Card (FPIC) from local law enforcement or the New Jersey State Police, allowing you to purchase a firearm in New Jersey. There isn’t a lot of clear guidance on restoring firearm rights under this section, but most interpretations of the law suggest it would restore your firearm rights under both federal and state law.
We will go into more detail regarding restoring Second Amendment rights in New Jersey on our New Jersey Firearm Rights Restoration page, but restoration typically involves both state and federal law that should be handled by an experienced lawyer. The lawyers in our firm regularly handle complex firearm rights restoration issues, so a good first step in exploring whether you can restore your firearm rights would be to take our Secure Eligibility Test. Then, if appropriate, set up a time to speak with our legal staff about how to proceed.
What You Need to Do to Get Rid of Your Record
If you are tired of having a criminal record hold you back, reach out to us by taking our Secure Eligibility Test or by giving us a call at (844) 947-3732. Our law firm has helped thousands of people with criminal records move on in life, leaving many of the negative effects of a criminal record behind. Our experienced attorneys and legal staff are here to help you figure out what criminal record clearing services best fit your needs, and then help you accomplish your goals. Using our secure, confidential Eligibility Test is the best way to get the process started.
Some of the Potential Benefits of Expunging Your Juvenile Criminal Record in New Jersey Include:
- Removing a finding of guilt and closing the case on your criminal record to help you get a better job
- Restoring your Second Amendment Rights to own a firearm
- Becoming eligible for professional licenses you previously did not qualify for
- Increased eligibility for student loans, housing assistance, and government programs
- Improving your ability to obtain higher-paying job opportunities
- Improving access and admission to college and other educational resources
We Are Here to Help
Each of New Jersey's methods for dealing with your criminal record have different requirements and are meant for different circumstances. To move forward, it’s important to determine what New Jersey criminal record services are available to you, and then select the services that will provide the greatest benefit. Eastman Meyler, PC is here to help you navigate this very specific area of Texas criminal law, fight to protect your rights, and assist you in moving forward in life without the effects of a New Jersey criminal record.
You can trust that you will get exceptional service from our law firm, as we have an A Rating from the Better Business Bureau, and prestigious attorney rating services such as Thompson Reuters and Avvo list our attorneys as Super Lawyers and Superb Attorneys. Our law firm has attorneys licensed to practice law in all New Jersey state courts, provides low price guarantees, and is here to fight for you and put your criminal record behind you!