Expungement is the process of having your criminal record wiped clean in New Jersey. It is not the same as a pardon because it does not lessen your sentence or forgive the crime you committed, but it can allow you to have a fresh start when you apply for jobs, take educational programs, obtain financial aid, get a mortgage and more. The state of New Jersey allows certain records to be expunged under certain circumstances and in most cases, it is almost like the crimes never happened. However, expungement is a complex process and the laws are subject to change. If you are considering getting your record expunged in NJ, an expungement lawyer NJ can guide you to make sure you have the best chance of success.
A recent law that took effect in late 2019 has tipped the scales to expand eligibility for expungements by eliminating some of the restrictions and making other restrictions more flexible. Even though it is a good idea to consult an expungement lawyer NJ, you can also do some research on the New Jersey laws regarding expungement and what the rules are for your specific situation. For example, you cannot get your record expunged if you have a pending or open case against you. An expungement lawyer NJ can help determine if the charges against you were either dismissed or you were acquitted of all charges and did not receive a conviction. You also can’t expunge more than one indictable offense and three disorderly persons or petty disorderly persons offenses.
Once your record is expunged, it will be sealed and you can’t be found on any public records. However, it is important to understand that your record is still accessible to some agencies if you are applying for a job with the police or other criminal justice agencies. Also, consulting with an expungement lawyer NJ will provide insight on the background check done by the New Jersey State Police and other federal agencies.
If you are successful in getting your record expunged, all the agencies who had the records will get a copy of the final order that contains your information and indicates which records are being expunged. Then, those agencies will remove those records from their system. The State Police will notify the FBI that your records have been expunged.
The final step in the process is for your expungement petition to be approved. Once completed, the necessary parties will receive copies of the order. If a party objects to the expungement, they can request a hearing. However, if the objections can be addressed before the hearing with the assistance of an expungement lawyer NJ, they can usually be resolved. If not, the case will be rescheduled for another hearing date.
Having a criminal record can impact your life in many ways. It can affect your career opportunities, eligibility for financial aid, and even whether you can rent or buy a home. The good news is that New Jersey provides a process called expungement to clear your records and give you a fresh start. If you're thinking about this option, it might be wise to seek guidance from an expungement lawyer NJ to navigate through the complexities. However, the law on the subject is complex and requires the help of a knowledgeable attorney. Fortunately, the state has taken steps to simplify the process by opening an online electronic filing system for expungement cases.
The first step is to get a copy of your record from the court that holds your case. This can be a municipal, county, or superior court. The official record will have information like the date of your arrest or charge, the statute(s) for which you were charged, convicted, or adjudicated delinquent, and an order of disposition, which could include a dismissal or a guilty verdict, and the sentence that was given. It may also have the original indictment, accusation, summons, docket number, or warrant number. An expungement lawyer NJ can assist in obtaining and analyzing these records to determine if you qualify for expungement.
If you meet the expungement criteria in New Jersey, your lawyer can help you fill out a petition to formally request a hearing for the expungement of your record. The judge in charge of your case will look at things like community service, stable employment, charity work, and other positive changes you have made since your conviction to determine if you are eligible for a clean slate. If the prosecutor objects to your expungement, it's essential to have the representation of an expungement lawyer NJ as your case will have to go through contested litigation and a trial.
Once you successfully have your record expunged, you will receive a signed order from the court that confirms that your records have been cleared. It's beneficial to collaborate with an expungement lawyer NJ during this phase, as they can guide you on providing this order to the record-keeping agencies that have your information, including law enforcement and the courts. The law says that these agencies can use the information in your expunged record for any other purposes, but it won’t be publicly accessible.
It is important to note that even though you have a clean record, the information still exists and can be used by police and other officials for future investigations or prosecutions. For this reason, some serious crimes such as homicide, arson, robbery, and some sexual offenses are not eligible for expungement. For clarity on these exclusions, an expungement lawyer NJ can provide insights. If you have any questions, don’t hesitate to contact an experienced expungement attorney in New Jersey for assistance.
Everyone makes mistakes. Fortunately, the law in New Jersey allows people who have made missteps in the past to clear their records and move on with their lives. For those seeking this fresh start, an expungement lawyer NJ can be instrumental in navigating the intricate legal processes. Expungements allow the public to legally deny having committed certain criminal convictions, which helps with job applications and when applying for insurance and many other situations. In order to qualify for a clean slate, however, a person must meet the applicable laws and process requirements. In this article, we explain those laws and processes, as well as the kinds of offenses that can be expunged in New Jersey.
A criminal record can cause serious problems for a person in many aspects of their life, including being denied employment, not receiving housing assistance, and having trouble getting an apartment or loan. The state legislature created the legal process of expungement in order to provide convicted criminals with a chance for a fresh start. With the help of an expungement lawyer NJ, individuals can better understand their eligibility and the intricacies of the process. Those who have been granted an expungement can legally deny the existence of their convictions in most situations, but it is important to understand how the process works in detail.
Generally speaking, an expungement in New Jersey means that the judge will order that the record of your arrest or conviction be erased, removed, and isolated from the public domain. Opting for assistance from an expungement lawyer NJ can make this process more straightforward. Only a few government agencies are allowed to access these records, and it is usually possible for the petitioner to legally deny them when asked about their criminal history in most situations. The exceptions to this are if the crime was related to child pornography or certain types of drug offenses.
The process of getting a criminal record expunged in New Jersey typically involves filing a petition with the court, which will then schedule a hearing date. Engaging an expungement lawyer NJ can ensure the paperwork is completed correctly and that you're adequately prepared for the hearing. If the county prosecutor objects to your request, it will take longer for your case to proceed because the attorney will need to defend your expungement in a court of law.
If your petition for expungement is approved, the judge will issue a signed order clearing your record from public view. An expungement lawyer NJ can guide you through the following steps, ensuring that all relevant agencies receive the order and act on it. Some crimes are ineligible for an expungement, including homicide, kidnapping, sexual assault and other criminal offenses related to children, weapons charges, certain drug-related violations, endangering the welfare of a child, and robbery. If you are interested in learning more about your options to have a conviction expunged from your record, it is best to speak with an experienced New Jersey expungement lawyer about your specific situation and the circumstances surrounding your conviction.
Lustberg Law Offices, LLC
One University Plaza Dr Suite 210, Hackensack, NJ 07601, United States
(201) 880-5311