New Jersey Expungement Lawyers

Posted By user, Uncategorized On November 8, 2020

Justification for Expungement in New Jersey

The principle question that needs to be answered when a convict desires expungement of a NJ criminal arrest or conviction, is whether or not the person is eligible to have the specific criminal record in question expunged. Eligibility questions about having a criminal record expunged can be answered easily in most cases by our legal counsel. In this regard, the eligibility requirements that limit the grounds under which a person can expunge a criminal arrest or criminal conviction imposed by New Jersey law are relatively clear. That said, there are exceptional circumstances wherein a deviation from these limitations can be obtained.  For example, in cases where multiple indictable convictions stem from a scheme or criminal spree, there may be a way. The expungement attorneys at Spodek Law Group are well informed as to how to put forth these arguments. Please don’t delay.  Contact our office.  Initial consultations with our NJ expungement lawyers are always free of charge. A lawyer will be available to answer your questions and speak to you right away.

We have provided the information below will assist you in gaining an understanding of the eligibility legislation for expungement in New Jersey. We deal with expungement of criminal records across the state of New Jersey, including Monmouth County, Somerset County, Union County, Middlesex County, Essex County, Ocean County, Hudson County, Bergen County and Burlington County.

Types of Cases That Cannot Be Expunged

The following offenses on your records for conviction are ineligible for expungement:

  • Criminal Homicide (excluding Death by Auto)
  • Kidnapping
  • False Swearing
  • Luring or Enticing
  • Criminal Restraint
  • Aggravated Sexual Assault
  • Aggravated Criminal Sexual Contact
  • Criminal Sexual Contact (if victim is a minor)
  • Robbery
  • Endangering the Welfare of a Child (if based on sexual contact)
  • Perjury

Eligibility Guidelines for Expungement of CDS Charges

A conviction for sale or distribution of controlled dangerous substance or possession of controlled dangerous substance with intent to distribute or sell, are not subject to expungement unless they were in possession of 25 grams or less of marijuana, or 5 grams or less of hashish. Accordingly, a conviction for sale or distribution of cocaine, heroin, or other scheduled drugs are not eligible for expungement so there is no chance of expunging these NJ criminal records.

Expungement Eligibility

Pursuant to  N.J.S.A. 2C:52-7, an individual who has committed only one (or no) indictable offense during the course of his whole life will be eligible for an expungement. In other words, someone who was convicted of two or more indictable offenses cannot seek an expungement except under very specific conditions.

Indictable Criminal Offenses     One conviction may be expunged (plus up to two Disorderly Persons Offenses).  There is a 10 year waiting period from date of Completion of Supervision.

Disorderly Persons Offenses (Including Petty ones) Up to two (2) convictions can be expunged provided petitioner does not have any criminal convictions on their record.   The convictions require 5 year waiting period from date of Completion of Supervision.

Violations of Ordinances There is no limit on expunging ordinance violations as long as the petitioner has no criminal record and no more than two (2) disorderly convictions.  There is a 2 year waiting period from the date of Completion of Supervision.

Juvenile Offenses  Any records can be considered for expungement except offenses that would be ineligible if committed by an adult.  There is a 5 year waiting period from the date of Completion of Supervision.

Young Drug Offenders Records No limit is imposed if the conviction was for possession or use of a CDS.  The waiting period from the date of Completion of Supervision is 1 Year.

Arrests That Did Not Result in Conviction There is no limit on these.  There is a waiting period of 6 months if dismissed as a result of a Diversion Program.  For other arrests, there is no waiting period.

Would you like to expunge a criminal conviction or arrest?  If so, an attorney in the New Jersey office of Spodek Law Group would be happy to speak with you. Our law firm will deal with any eligibility requirements.  An attorney will answer all of your questions before we file your expungement petition. Our firm files expungement applications throughout New Jersey including Bergen County, Union County, Essex County, Middlesex County, Monmouth County, Mercer County, Burlington County and Somerset County and others.  Give us a call today to get more information.

Expungement of New Jersey Criminal Records

Getting your criminal records expunged is the ultimate second chance available under New Jersey legislation to people who were arrested and/or convicted of crimes. When you get an order of expungement, it is as though whatever was on your record never occured.

With an order of expungement, you can legally answer “No” to questions about arrests or criminal convictions on job applications and interviews, and applications for loans, scholarships and gun permits, for example.

What expungement does is it removes criminal records from public access.  They will no longer appear in background checks (exception is jobs in law enforcement, correction or the N.J. state judicial branch).

Spodek Law Group can help you determine your eligibility and move forward with the complex process involved in obtaining an order of expungement in New Jersey. Filing your petition for expungement requires completing and submitting numerous forms to the Superior Court in the county where the arrest or prosecution happened. Your petition needs to convince a judge to give the order. You then need to distribute the order to various organizations for it to be carried out.

How Can Seeking Expungement of N.J. Criminal Records Help Me?

Generally, if someone has been arrested and charged with a crime, anybody an review their record. In most scenarios, an arrest and subsequent court proceedings, convictions, fines, prison sentences, are a matter of public record. Even when charges get dropped or you were found not guilty in a case, your record can still be viewed.

A criminal record can prevent you from obtaining:

  • Jobs
  • A firearm permit
  • Federal student loans and grants
  • Some scholarships
  • Rent-subsidized housing and other public assistance
  • Credit cards and bank loans

If you are an offender who has turned their life around, you have an opportunity to move on you’re your life.  Spodek Law Group would be glad to help you take advantage of it.

Clear Your Record of Criminal Arrest or Conviction in NJ

Expungement of criminal records in New Jersey effectively eliminates any record of your name indicating offenses within the criminal justice system on file with courts, jails or prisons, and Criminal justice and law enforcement agencies.

Expungement covers:

  • Complaints
  • Warrants
  • Arrests
  • Commitment orders
  • Processing records
  • Fingerprints
  • Mug shots
  • Index cards
  • “Rap sheets”
  • Judicial docket records

Expungement is a powerful resources, but it is not automatic. You need to qualify.  Also, you have to make a formal request to a judge to order your expungement.

Do I Qualify to Get Your NJ Records Expunged?

You can petition for expungement of criminal records after a specified amount time.  As long as you have paid all fines levied, been released from incarceration and/or completed probation or parole satisfactorily, you may qualify.

Expungement is designed for clearing the records of people who were  found not guilty or were convicted but have learned from their misdeeds.

If you were convicted of more than one indictable crime, you cannot qualify for expungement. If you were found guilty of a disorderly persons or municipal ordinance more than twice, your record can’t get expunged. Also, you must not face any pending criminal charges.

You can petition for expungement:

  • Right away, for dropped charges
  • 6 months after finishing diversionary programs (such as Pre-Trial Intervention) after charges were dropped
  • 2 years after satisfying sentencing for violating a municipal ordinance
  • 5 years after satisfying sentencing for conviction in an indictable crime
  • 5 years after satisfying sentencing for an offense committed as a juvenile

Records of certain serious offenses would not be expunged.  Also, records of motor vehicle offenses, offenses  connected to service in elective or appointed public office and civil orders cannot be expunged.

We Will Help You File Your Petition for Expungement

Your attorney and staff can do the records search and paperwork required to acheive expungement of your New Jersey criminal records.  Indeed, you can do it yourself, but it is a complex and time-consuming process.

Petitioning a judge to expunge your criminal records means completing a petition that details exactly what you are asking and presenting the requested information in a specific format, including:

  1. The date of your arrest (for juvenile offenses, the date you were taken into custody)
  2. Related statutes and the offenses
  3. Original indictments, accusations, summonses, docket numbers, warrant numbers and/or complaint numbers
  4. You need the date of the disposition. This could be the date of the conviction or adjudication of delinquency, a not guilty verdict, or dismissal of charges.
  5. The specific repercussions or dispositions

With all this information, you then complete these forms, then file the original and two copies of each with the court:

  1. Petition for Expungement
  2. Order for Hearing, used by the judge to schedule your hearing
  3. Expungement Order, which gets signed by the judge if your petition is granted
  4. Cover Letter describing the contents of your package and the purpose of the enclosed forms

You also need to include two large self-addressed envelopes with the right postage on them. They will be used to return copies of your filed documents to you.

The filing fee is $52.50 payable by a money order or certified check made out to the Treasurer, State of N.J.

When your hearing is set, you send copies of everything  by certified mail, return receipt requested,  to as many as 10 government agencies connected to your case.

After your hearing, you then mail the final order to the same 10 agencies.

Expungement is Not an Absolute Right

While New Jersey law allows eligible individuals to get their criminal records expunged, it isn’t an absolute right. It is still up to a judge to grant your petition, and only after your package has survived scrutiny of the court’s Case Management Office.

 

In the New Jersey Courts’ guide to expungement, the first advice is: “Try to Get a Lawyer”. They tell you up front that “even though your records may be eligible for expungement, if you miss any of the required steps, your Petition for Expungement may be denied. In that case, you will have to start over.”

Don’t allow a simple misstep derail your legitimate request for expungement.

The skilled and knowledgeable criminal record expungement attorneys of Spodek Law Group can make sure your petition is complete and accurate, and see to it that your criminal history gets expunged. We handle expungement petitions throughout New Jersey.  Speak with an attorney at Spodek Law Group about having your New Jersey criminal records expunged today.