In In the Matter of the Petition of L.B. for Expungement of Criminal Records, 369 N.J.Super. 354 (Law Div. 2004), the New Jersey Supreme Court discussed the effect of a pardon on expungement eligibility in New Jersey.
Often times, the New Jersey expungement lawyers at National Security Law Firm are asked by clients: if the Governor of New Jersey grants a pardon to an individual with a conviction that would would otherwise be statutorily barred, can that person obtain an expungement of that conviction? According to In the Matter of the Petition of L.B. for Expungement of Criminal Records, 369 N.J.Super. 354 (Law Div. 2004), the answer is yes.
In that case, L.B. had pled guilty to possession of cocaine with intent to distribute, under N.J.S.A. 2C:35-5(b)(2), a second degree offense, in 1988. She was sentenced to serve two years of probation, which was completed successfully. She went on to live an exemplary, law-abiding life with no further convictions. In June of 1991, L.B. was granted a pardon by Governor Christine Todd Whitman. In 2003, L.B. filed a petition for expungement of her drug distribution conviction.
The Court found that under the law in place at the time, L.B.’s conviction would normally be barred from expungement under N.J.S.A. 2C:52-2(c), which states that first or second degree convictions for distribution of controlled dangerous substances are never eligible for expungement, regardless of their age. This was the State’s sole basis for its objection to the expungement.
However, the Court concluded that a pardon removes all legal punishment for the offense in question. Although the commission of the offense may still affect a person’s life in other ways, a pardon effectively wipes out the existence of the conviction itself. Thus, because L.B.’s ineligibility was based solely on the existence of her conviction, the Court determined that the pardon “dissolved the legal disability arising from the conviction,” and granted her petition for expungement.
As one might expect, offenses that are statutorily barred from being eligible for expungement under N.J.S.A. 2C:52-2(b) are serious crimes that include criminal homicide, sexual assault, and terrorism, to name a few. However, some other, lesser-degree offenses are also barred such as:
Criminal Restraint/False Imprisonment
Arson and related offenses
Crimes committed by public officials/employees
Distribution of controlled dangerous substances
If you have been convicted of one of these types of offenses in New Jersey, and you are able secure a gubernatorial pardon, you may be able to avoid criminal penalties such as incarceration, probation, and fines. However, other after-effects of your conviction, such as inability to obtain employment, rejection of rental applications, and denial of participation in volunteer work and coaching, may not be changed by a pardon.
This is because while a pardon serves to remove the petitioner’s legal disabilities arising from the conviction and all rights of citizenship, it does not completely erase the fact that the offense occurred; it is only meant to forgive a crime. In order for the offense to no longer show up on a background check, the petitioner must also expunge the offense. According to L.B., however, the pardon of a conviction that statutorily bars a person from being eligible for expungement will allow them to successfully petition for expungement.
Why Expungement Isn’t One-and-Done
Too many people think once the judge signs their expungement order, their past is gone. But here’s the reality:
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25–30% of New Jersey agencies fail to update their databases correctly.
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Private background check companies like TruthFinder, Checkr, and Sterling keep distributing outdated information unless they’re contacted directly.
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That’s why so many people who’ve already “been expunged” call us saying:
“My record is still showing up — I thought this was done.”
How NSLF Does It Differently
At National Security Law Firm, led by Karen Howell, Esq., we don’t stop at filing petitions. We built a proprietary follow-up process to ensure your record is erased everywhere it matters:
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Government Database Follow-Up — We confirm courts, police, probation, NJSP, and even the FBI actually clear your record.
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Private Background Check Notifications — Our proprietary system notifies major reporting companies, included at no extra cost.
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Lifetime Backup Support — If your record ever resurfaces years later, we step back in and fight to remove it — free.
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Refund Guarantee — If your expungement is denied for reasons outside your control, we refund your legal fee.
👉 Read how we fix problems most firms ignore.
Expedited Expungements: Faster Than Ever
A typical New Jersey expungement can take close to a year. But since April 2025, you can request expedited processing with the NJ State Police — if your filing is done correctly.
At NSLF, we handle expedited petitions for qualifying clients. This can mean the difference between waiting months versus moving forward now with a job, license, or housing opportunity.
👉 Learn more about expedited expungements here.
Flat, Transparent Pricing
We keep pricing simple and predictable:
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$1,500 for your primary offense
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+$200 for each additional offense
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+$1,800 (in addition to the standard fee) for:
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Early Pathway Expungements (before the waiting period ends)
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Drug Distribution Convictions (possession with intent to distribute)
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+$2,500 (in addition to the standard fee) for expedited expungements
👉 See our complete pricing guide.
Affordable Payment Plans
Don’t let cost stand in the way of your second chance. With Affirm financing, you can:
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Spread payments over 3, 6, 12, or 24 months
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Check eligibility without impacting your credit score
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Example: $1,500 expungement = about $65/month
Our Refund Guarantee
We’re the only firm in New Jersey offering a money-back refund guarantee.
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If your expungement is denied for reasons outside your control, you get a full refund of our fee.
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⚠️ The guarantee does not apply if you fail to disclose your complete criminal history.
Why Clients Choose NSLF
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More expungements handled than any other firm in New Jersey
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Proprietary process to fix government + private database errors
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Lifetime record cleanup guarantee
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Flat-rate pricing + financing options
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Refund guarantee for peace of mind
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Every case personally handled by Karen Howell, Esq.
👉 Visit our Expungement Resource Hub for guides, FAQs, and offense-specific information.
We’re Trusted With More Expungements in New Jersey Than Any Other Law Firm.
Don’t Lose Another Opportunity
Every day your record lingers is another day you could miss out on a job, housing, or peace of mind. Don’t wait. Start today.
👉 Book your free consultation now.
Hear From Our Clients
We are proud to be one of New Jersey’s most highly rated expungement firms, trusted by thousands across the state.
👉 Read our 5-star Google Reviews.
⚡ At NSLF, we don’t just file expungements. We erase your record everywhere it matters — for life.
