- 1st degree offenses, such as murder and armed robbery, carry penalties of 10 to 20 years or life, in prison
- 2nd degree offenses, such as aggravated assault, carry penalties of between 5 to 10 years in prison
- 3rd degree offenses, such as burglary, carry penalties of between 3 to 5 years in prison
- 4th degree offenses, such as Obstruction of Justice, carry penalties of up to 18 months in prison.
The above also carry monetary penalties in the form of fines and restitution. Actual sentences depend on multiple factors including the seriousness of the crime, extenuating circumstances surrounding the crime and, in some cases, the accused’s criminal history. These convictions remain on a person’s record for life unless they are able to get their record expunged.
Expungement is the legal process for erasing criminal history from one’s record. A person can apply for expungement after a waiting period, which is typically 5 years for criminal offenses (less time for less serious offenses) after completion of all components of their most recent sentence. This includes serving all prison time, meeting all probation and/or parole stipulations, and paying all fines and restitution. Remaining crime free during the waiting period is another requirement.
Additionally, in New Jersey, the ‘Clean Slate Act” allows eligible individuals to apply for expungement of all qualifying crimes on their record at once. The goal is to make it easier to clear their name and seek a second chance. Eligible individuals must typically wait 10 years to file such an application.
Not all indictable offenses qualify for expungement. More serious offenses, such as homicide, sexual assault, and arson, among others, are ineligible and can affect a person’s prospects for employment, housing and even obtaining further education.
Convictions for indictable offenses don’t automatically disappear from records; you must actively apply for expungement. A New Jersey criminal defense attorney can help you distinguish qualifying from non-qualifying convictions and guide you through the expungement process.