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Convictions that cannot be expunged

The criminal convictions listed below cannot be expunged in New Jersey. You should review this list carefully before beginning the process. Even if you cannot expunge a conviction listed here, you may be able expunge other convictions, or arrests that did not lead to a conviction.

The following crimes cannot be expunged in New Jersey:

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 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.

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.

Click here for information about the consequences of having one of these convictions on your criminal record.

Return to the Clearing Your Record Online page.​​

This information last reviewed: 4/15/2016