Let’s face it—mistakes happen. Whether you made one as a teenager or as an adult, having a criminal record can create long-term roadblocks. It might show up during job searches, housing applications, or even background checks for volunteering. Fortunately, New Jersey allows eligible individuals to clear certain records through a legal process called expungement. But what’s the difference between expunging a juvenile record and expunging an adult record in NJ?
If you’re wondering how your age at the time of the offense affects your ability to move forward, this guide will break it all down for you. We’ll cover how New Jersey treats juvenile vs. adult records, what’s eligible for expungement, and how an experienced attorney can help.
Understanding Expungement in New Jersey
Before diving into the differences, let’s get on the same page about what expungement actually means. In New Jersey, expungement is the legal process that removes certain criminal records from public view. Once your record is expunged, it’s as though the offense never occurred—at least for most background checks.
However, expungement doesn’t destroy the record entirely. Law enforcement and court officials can still access it under specific circumstances, such as for future sentencing or investigative purposes. Even so, for most people, expungement offers a clean slate.
Similar Post: Key Actions to Undertake Before Applying for an Expungement in NJ
Juvenile Records vs. Adult Records: What’s the Legal Difference?
While both types of records can be expunged, they’re treated differently under New Jersey law. Here’s how it breaks down:
1. Who Holds the Record?
Juvenile records are sealed and held by the Family Division of the Superior Court. These records refer to "acts of delinquency" rather than crimes. Although juveniles aren’t technically “convicted” of crimes (they are instead referred to as adjudicated delinquents), their records can still follow them into adulthood unless expunged.
Adult records, on the other hand, involve actual criminal convictions. These are public records unless expunged and are typically stored across multiple agencies including the Superior Court, municipal court, and law enforcement.
2. Waiting Periods and Eligibility
For both adults and juveniles, there are waiting periods before you can file for expungement. But they aren’t identical.
- Expunging a juvenile record usually requires a 3-year waiting period from the date of the final discharge (like probation, supervision, or custody). During those three years, you must not have any new offenses, and the court must find that expungement is in the public interest.
- Adult expungements depend on the type of offense and can involve waiting periods ranging from 2 to 5 years. For example, indictable (felonies) and disorderly persons (misdemeanor) offenses require a 5-year waiting period (sometimes shortened under compelling circumstances), while ordinances offenses may require less.
Because juvenile records involve a shorter waiting period and don’t generally count as convictions, expunging a juvenile record is typically a faster, smoother process.
3. Types of Offenses That Qualify
Another key difference lies in the types of offenses that qualify. While many of the same limitations apply to both juvenile and adult expungements, there are some nuances.
- Most juvenile delinquency adjudications can be expunged, provided they wouldn’t be considered serious crimes if committed by an adult. However, some acts—like homicide, sexual assault, or certain drug offenses involving large quantities—are not eligible.
- For adults, offenses like murder, kidnapping, sexual assault, and perjury cannot be expunged. Additionally, adult convictions involving more than a certain number of offenses may disqualify you altogether.
So although both processes can wipe the slate clean, expunging a juvenile record offers slightly more flexibility—especially for those who made a single mistake in their youth.
Similar Post: Clearing Your Past: How to Expunge a Marijuana Possession Conviction in New Jersey
Why Expungement Matters (Regardless of Age)
Whether you were 15 or 35 when your record was created, expungement can open doors you thought were permanently closed. Many employers, landlords, and licensing boards ask about criminal history.
More importantly, expunging a juvenile record or an adult record allows you to legally answer “no” to questions about prior convictions (with a few exceptions, like applying for certain government jobs). This means you can move forward—without your past constantly holding you back.
The Expungement Process in NJ: What to Expect
While expungement is worth the effort, it’s not always simple. Here’s what typically happens:
- Determine eligibility: Are you within the waiting period? Was your offense eligible? Have you stayed out of trouble?
- Gather documents: You’ll need a copy of your record, case disposition, and any documentation related to probation or supervision.
- File a petition: To get started with expungement, you’ll need to submit a formal request to the court. Please note that your request must be submitted to the court within the county where you were arrested or prosecuted.
- Wait for a hearing (if required): The court may set a hearing to evaluate your petition, especially if the prosecutor objects or if your case involves multiple offenses.
- Get your expungement order: If granted, the court will issue an order directing state agencies to remove your record from public access. The timeframe for the expungement process varies. Your attorney can provide guidance as the process moves forward.
Each step comes with its own paperwork, deadlines, and legal nuances. That’s why many people choose to work with an expungement attorney—especially when time is of the essence.
Ready to Clear Your Record? Let Gelman Law Expungements Help with Expunging a Juvenile or Adult Record
If you're ready to stop letting your past dictate your future, Gelman Law Expungements is here to help. We routinely handle expungement cases across New Jersey—both juvenile and adult. Whether you are seeking a traditional or juvenile expungement, our legal team will walk you through every step with confidence and clarity.
Don't risk a delay or denial due to paperwork errors or outdated information. Let us take the stress off your shoulders so you can focus on what’s next.
Contact Gelman Law Expungements today to learn more about expunging a juvenile record or clearing an adult offense. We’ll help you understand your rights and fight for your fresh start.
Disclaimer: This blog is intended for informational purposes only and does not establish an attorney-client relationship. It should not be considered as legal advice. For personalized legal assistance, please consult our team directly.