If you are interested in applying for an eluding expungement in New Jersey, this article will address expungement eligibility with respect to this offense.
Eluding – Basic Concepts
The New Jersey statute defining the offense of eluding is located at N.J.S.A. 2C:29-2b. That statute reads as follows:
Any person, while operating a motor vehicle on any street or highway in this State, [or any vessel, as defined pursuant to section 2 of P.L. 1995, c.401 (C.12:7-71), on the waters of this State], who knowingly flees or attempts to elude any police or law enforcement officer after having received any signal from such officer to bring the vehicle or vessel to a full stop commits [the] crime of [eluding].
Thus, eluding consists of fleeing or attempting to flee a law enforcement officers after having received a signal to stop. As can be seen, eluding can occur while operating a motor vehicle on any street or highway in New Jersey as well as in any vessel on the New Jersey waterways.
Eluding is a third degree indictable (felony) offense in New Jersey. If the attempt to flee creates a risk of death or injury to any individuals, however, the offense will become a second degree offense. Moreover, the eluding statute allows the jury to infer the risk of death or injury if the defendant’s behavior involved any violation of the New Jersey Motor Vehicle Code.
Eluding Expungement Eligibility
If you plead guilty to or were found guilty of third or second degree eluding in New Jersey, you will be eligible to expunge this offense so long as each of the following are true:
- You have no other felony convictions on your record from separate offenses;
- You have not been convicted or a disorderly persons or petty disorderly persons offense on more than two occasions; and
- It has been at least 10 years since you completed your sentence (completion of sentence includes release from incarceration, completion or probation or parole, and payment of fines, whichever is later) – you may, however, be eligible to apply for an “early pathway” expungement 5 years after you completed your sentence.
Special Expungement Laws for New Jersey Drug Court Graduates
If you successfully graduated from Drug Court in New Jersey, please be advised that there are special laws relating to expungement eligibility for New Jersey Drug Court graduates. Please see our post regarding New Jersey Drug Court Expungements for additional information.
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$1,500 for your primary offense
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Spread payments across 3, 6, 12, or 24 months
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