In recent years, the state of New Jersey has seen extensive expungement law reform. With this reform, the state will automatically expunge certain arrests and convictions from people’s records and make it easier for others to apply for an expungement. The New Jersey Clean Slate expungement laws provide hope to individuals who want to move beyond their convictions and build a better life. Working with an experienced expungement lawyer NJ can help individuals navigate the complexities of the expungement process.
However, there are still numerous legal hurdles that a person must clear before the expungement process begins. One of the most important is determining whether or not a person is legally eligible to file for an expungement in New Jersey. New Jersey expungement statutes span over 40 code sections that lay out a complex set of eligibility requirements. Those who do not carefully consider their eligibility before proceeding with the expungement process could find themselves wasting time and money on a petition that is denied.
To be eligible to file for an expungement, a person must first obtain their criminal history. This will give them a list of all the arrests and convictions on their record. They must then file a petition for expungement with the Superior Court in the county where the arrest or conviction occurred. Once the court approves a petition for expungement, it must be served to all relevant governmental agencies. These governmental agencies include law enforcement and the criminal justice system, which includes the courts and parole board. This process is called “serving” legal documents because it means distributing copies of the filing to people who are legally responsible for processing, reviewing, or keeping records of that case.
The types of records that can be expunged in New Jersey are as follows:
Those who have had a misdemeanor or felony conviction on their record are able to file for an expungement after they wait 10 years, serve any jail sentence or probation terms, and pay any fines associated with the crime. The law also allows for the expungement of petty disorderly persons offenses and some juvenile crimes, so long as the crime was committed before age 21, and the offender is not facing any other charges or pending cases at the time of the expungement. The court may also choose to expunge any other criminal records, excluding murder, kidnapping, and other serious felonies, and rape or sexual assault offenses, in its discretion. It is not uncommon for these decisions to be challenged at the expungement hearing, so it is always a good idea to work with an experienced expungement lawyer NJ. An attorney can help guide you through the complex legal process and ensure that all necessary steps are taken to maximize your chances of a successful expungement. Additionally, an expungement lawyer NJ can help you navigate any potential legal hurdles and ensure that your petition is properly filed and served. Furthermore, an expungement lawyer NJ can represent you in court if your petition is denied and help you appeal the decision. Finally, an expungement lawyer NJ can provide valuable guidance on how to handle any potential legal challenges that may arise during the expungement process
If you have a criminal conviction on your record, it can significantly limit your life opportunities. It can impact employment, housing, financial aid, and more. Fortunately, New Jersey allows you to clear your record through expungement, and working with an experienced expungement lawyer NJ can help you navigate the complexities of the process. The legal process of expungement allows you to petition the court to delete a conviction from your record, making it as though the conviction never existed for most purposes. The law stipulates specific criteria for eligibility and a long waiting period before the judge will consider your case. This article will explain the steps to expunge your record in New Jersey and how long it generally takes for an expungement to be completed.
The first step is to determine your eligibility for expungement. The New Jersey e-filing system does not automatically determine your eligibility for expungement, so you will need to file a petition asking for expungement and provide the proper information. If you do not do this correctly, the county prosecutor or New Jersey State Police may object to your petition and require you to amend it. This will delay your expungement and cause you to spend time and money on filing paperwork that is not needed. Consulting with an expungement lawyer NJ can ensure that all necessary steps are taken to maximize the chances of a successful expungement.
You can check online databases for your records, contact the municipal or county court that handled your matter, or contact the police department that handled your case to get copies of your record. If the matter was in municipal or county court, the record you need is the Disposition, and if it was heard in Superior Court, you will need to request the Judgment of Conviction. If you have a juvenile record, you can also request that at any time by contacting the clerk of the juvenile court. An expungement lawyer NJ can help you navigate the process of obtaining these records.
Once you have located your records, you will need to submit them to the court. The judge assigned to your expungement will review the records and schedule a hearing date. You and your attorney will serve the appropriate agencies with an expungement order after your hearing, which could take 2-10 weeks. If the judge grants your expungement, the agencies will remove your records from their database and should notify you of this. Working with an experienced expungement lawyer NJ can ensure that all necessary steps are taken to maximize your chances of a successful expungement.
It is important to note that your arrest or conviction does not automatically appear on the New Jersey State Police or FBI database, so private background checks may still contain information about you. This is why it is important to ensure that your expungement petition includes a complete criminal history, including all arrests and convictions, even if they do not appear on the state police database. This will prevent a potential employer or landlord from accidentally learning about a prior arrest or conviction that has been expunged. Additionally, you should always ask what agency ran the background check to see if they have a copy of your record. If they do, you may be able to request that they not share it. An expungement lawyer NJ can provide valuable guidance on how to handle any potential legal challenges that may arise during the expungement process.
A criminal record is more than just a mark on a person’s background; it has long-lasting consequences for the way people live their lives. Many people are unable to get jobs or even find decent housing because of petty crimes or arrests that went nowhere. Others have turned their lives around only to run into policy or prejudice that prevents them from getting ahead. A legal remedy called expungement can clean up your record and give you a true fresh start. That’s what an expungement lawyer NJ can provide for clients on a regular basis. Working with an experienced expungement lawyer NJ can ensure that all necessary steps are taken to maximize the chances of a successful expungement.
Expungement is a process through which the records of an arrest or conviction are removed from public access and are treated as if they never happened. The process can significantly improve your prospects for employment and can restore your civil rights, including voting rights, that may be affected by the presence of certain records. It can also leave you with a sense of relief and closure that the past is truly behind you. Consulting with an expungement lawyer NJ can help you navigate the complexities of the expungement process and ensure that all necessary steps are taken.
New Jersey has updated its expungement laws in recent years to make the process more accessible and inclusive. These changes include shortened wait times and expanded eligibility criteria. A skilled expungement lawyer NJ can help you determine if your records are eligible for expungement and prepare and file the application in the appropriate manner and time. An expungement lawyer NJ can guide you through the process of obtaining the necessary records and ensure that your petition is properly filed and served.
The Laws of Expungement
State laws define which types of records are eligible for expungement and establish waiting periods before you can apply. Those waiting periods are designed to ensure that you have been rehabilitated and have demonstrated a period of law-abiding behavior since your arrest or conviction. An expungement lawyer NJ can help you determine whether your record is eligible and can guide you through the application process.
Eligibility criteria are defined by a combination of factors, such as whether your crime was an indictable or disorderly persons offense, how long ago you were arrested or convicted, and the type of crime you committed. Some offenses, like DUI, can’t be expunged. A knowledgeable expungement lawyer NJ can assist you in determining whether your record is eligible and can guide you through the application process.
The benefits of an expungement far outweigh the effort required to complete the process. A clean record enhances social integration and can allow you to take advantage of opportunities, such as certain jobs in the field of law enforcement or the judicial branch of New Jersey, that would otherwise be closed to you because of your arrest or conviction history. Expungement can also help you to regain certain civil rights, such as the right to vote and serve on a jury. Working with an experienced expungement lawyer NJ can ensure that all necessary steps are taken to maximize the chances of a successful expungement.
If you have questions about eligibility for expungement or any other criminal record matter, an expungement lawyer NJ can help. They can evaluate your case, provide pro se e-filing assistance and represent you as your counsel in an expungement proceeding, if necessary. Contact an expungement lawyer NJ today to discuss your options.
Lustberg Law Offices, LLC
One University Plaza Dr Suite 210, Hackensack, NJ 07601, United States
(201) 880-5311