If you are interested in applying for an aggravated assault expungement in New Jersey, eligibility will depend on several factors. Aggravated assault is a indictable offense (felony) in New Jersey, which can be classified as either a second, third, or fourth degree offense, depending on the nature of the defendant’s conduct. The aggravated assault statute is located at N.J.S.A. 2C:12-(1)(b).
If the Charge Was Dismissed
If you were charged with aggravated assault but the offense was dismissed, you will be eligible to expunge your record immediately.
If the Offense Was Downgraded to a Disorderly and/or Petty Disorderly Persons Offense of Simple Assault
In some cases, the offense of aggravated assault is downgraded to the disorderly persons offense (or misdemeanor) of simple assault. If the charges in violation of aggravated assault were downgraded to simple assault, you will be able to expunge the simple assault conviction if:
- At least 5 years have passed since you completed your sentence (please note that you can, however, apply for an “early pathway” expungement if it has been at least 3 years since you completed your sentence);
- If you have a felony conviction on your record, you can expunge the simple assault conviction so long as you do not have more than one other disorderly or petty disorderly persons conviction; and
- If you do not have any felonies on your record, you can expunge the conviction so long as you do not have more than two other disorderly or petty disorderly persons convictions on your record.
If You Were Found Guilty or Plead Guilty to the Original Charge in Violation of Aggravated Assault
If you plead guilty to or were found guilty of the original aggravated assault offense in New Jersey, you will be eligible for expungement if:
- You have no other indictable (felony) convictions;
- You do not have more than two disorderly persons convictions; and
- It has been at least 10 years since you completed your sentence (which would include completion of probation) (please note that you may apply for an “early expungement” after 5 years).
New Jersey Expungement Lawyers – Affordable $895 Expungements
If you have any questions about your aggravated assault expungement, contact the affordable New Jersey expungement lawyers at Katherine O’Brien today for a free consultation. You can contact us by phone at 856-832-2482 or by filling out our Expungement Interview Form.
]Our all-inclusive expungement services cost only $895.00. Moreover, we offer flexible payment plans. Contact us today to get started working on your aggravated assault expungement.
