Expungement of criminal record in new jersey
In other words, someone who was convicted of two or more indictable offenses cannot seek an expungement except under very specific conditions see below. Someone who is eligible for an expungement must also make sure that the offense is one that can be expunged. The following crimes are NOT expungeable:. Although this looks like an extremely long list, it is crucial to note that simple drug possession , shoplifting , weapons violations , and even burglary are not on the list.
This means that each of those offenses and quite a few more can be expunged. Except for arrest records that result in a dismissal which can be expunged immediately all other offenses and convictions require a waiting period before they can be expunged. Beginning Oct. Below is a table showing the new requirements and waiting periods necessary before a person can be deemed eligible for an expungement.
Remember that anyone with more than one indictable conviction is not eligible for an expungement except in specific circumstances see below. Learn about Earth Pathway Expungements. Starting Oct. Previously, having entered a PTI program made one ineligible to expunge any other convictions unrelated to the PTI charge. This barrier has now been lifted.
Read more about PTI expungements here. Once it is determined that a person is eligible for an expungement and that the offense can be expunged, an attorney can help make it happen. It is highly recommended that anyone seeking an expungement hire an attorney to help with all of the administrative red tape and any court appearances that may be required in order to get the record expunged.
Doing it alone can result in untimely or improperly filed documentation. This could ruin the chances of getting the right results.
After waiting the requisite wait time, the person must fill out a petition for expungement, order for a hearing, expungement order, and proof of notice. All of that must be mailed along with a filing fee to the applicable court. Remember, an expungement can be exactly what a person needs to get their life in order.
Even if a person is fully capable of filling out the forms, it is still extremely important to hire an attorney to maximize the chances of success.
Expungement Attorney in New Jersey
Remember: Any documentation that is left out or filed improperly can lead to delays or result in a denial. An attorney with experience applying for expungements will be able to assess eligibility and ensure all forms and other requirements are in order. Many individuals who seek an expungement want their record cleared as soon as possible. This is a reasonable request.
Unfortunately, New Jersey does not offer a path to expedite expungements, although there are some ways to avoid delays in the process. Read more about expedited expungements. Arrests that do not result in a conviction can be expunged immediately upon being cleared of the charges. If the record does result in a conviction, then the record of the arrest, then any successfully sealing of the conviction will also include the record of the arrest.
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Read more. If you or a loved one wants to have their criminal record expunged, contact the attorneys of the Rosenblum Law today. Our skilled criminal defense attorneys have helped many people in similar situations. They will defend your constitutional rights and fight to have your criminal record expunged.
How to Expunge Your Criminal Record in Bergen County
E-mail or Call us today at On March 12, , Gov. Phil Murphy announced he has reached a deal with the state Senate and Assembly for a bill to legalize marijuana. If it becomes law, New Jersey will allow individuals to expunge most marijuana-related convictions immediately. A petition would still have to be filed but the fee will be waived and many eligibility requirements relaxed. The process takes an average of six to eight months, depending on several factors, including the offense s in question, how old the case is, and whether the prosecutor objects.
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A person who has already been granted an expungement will not be able to expunge future convictions for such offenses. However, a person can still request expungements of convictions for municipal ordinances e. Furthermore, a person can also expunge arrest records and records related to crimes for which a person was not convicted. The arrest and PTI completion will both show up on background checks if not expunged.
Both can be expunged six months after completing the program.
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Getting a juvenile record expunged in New Jersey is similar to the process for expunging adult criminal convictions. The waiting time for a juvenile expungement is shorter—just three years after completing sentencing. However, the person cannot have been adjudicated a delinquent or have been convicted of an adult crime.
New Jersey Adult Criminal Record Forms - Conviction or Other Disposition - The Papillon Foundation
Find out more about expunging juvenile records in New Jersey. They also need to specify the person who the records are to be released to and the reason for their release. Thus, obtaining a copy of records that have been expunged requires more than a simple phone call to the court. Perhaps the easiest way to obtain proof of your expungement is to contact the attorney that represented you during your expungement. Most attorneys in New Jersey keep case files for at least 7 years, and some will retain them even longer. If you were not represented by an attorney or if your attorney no longer has your records, however, then you will need to request them directly from the court.
To request a copy of your expunged records from the court — whether your Expungement Petition, the Expungement Order, or any other records — you will need to complete a form entitled Defendants Requesting Copies of Their Own Expungement Records. Once you have completed this form, you will need to appear in person at the Superior Court, Criminal Division, in the county in which your expungement was granted. Be sure to bring at least one form of government-issued photo identification with you.
New Jersey Law Outlining the Effect of an Expungement
If you do not have the appropriate identification, the court staff will not release the record to you. A small copying fee may apply. The court staff will then review your request and will then ask a Superior Court Judge to sign an order authorizing the release of the expunged records. Your expunged records will not be released without a court order authorizing the release. Contact us today for a free consultation.