NEW JERSEY CRIMINAL LAWYERS

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The Freedom of Expunging Your Criminal Record: Understanding the Process and Eligibility

Removing a criminal conviction from your record is more than just a legal process; it is a liberating feeling. It marks the closure of a difficult time, especially if you have worked hard to turn your life around. However, having a conviction on your record can cause anxiety as they appear on background checks. Every time you apply for housing or employment, you have to relive your past mistakes—the reason why expungement exists – to clean up your record and offer you the fresh start that you deserve.

In this article, we will discuss how expungement works to give you an idea of the eligibility criteria and the different types of expungement available to clear up your record.

Eligibility Criteria for Expungement

The eligibility criteria for expungement can be complicated but depend on different factors such as type of offense, sentence received, and the length of time since completion of sentence. If convicted with minor crimes or disorderly persons offenses, after five years from completing their sentence, one can qualify for expungement. If it was an indictable conviction – previously known as a felony – after ten years, There are several offenses that don’t qualify for expungement such as murder, kidnapping, arson, and sex offenses when done against minors.

If you believe that you fit into eligible criteria with some uncertainty lingering about whether or not someone qualifies- there is no need to worry. The first step is contacting an experienced expungement attorney who can guide them throughout the process- mitigating risk by ensuring that their petition was crafted correctly so no unnecessary delays occur.

The Expungement Process

Expunging criminal records can feel like a complicated task initially but offers peace in knowing everything will be worth in the end if successful! Let us take some steps needed during this procedure:

Step 1: Determining Eligibility

The first step to remove your criminal record is to check if you remain eligible for expungement. If your case meets the criteria mentioned above regarding sentence, lengths of time, and the nature of crime- there is a strong chance that expunging it could be possible.

Step 2: Petition Preparation

Once one has determined eligibility, filing an expungement petition would begin. The petition entails providing specific details about charges filed against someone and their resultant sentence.

Step 3: Service To Relevant Parties
One must serve copies of the petition filed in court with their respective prosecutor’s office, police department, and other agencies involved during the individual’s case. Although cumbersome and involving a thorough process, it proves necessary in successful completion of record expungement.

Step 4: Hearing Attendance

After serving relevant parties, one gets their case scheduled for hearing which entails judge reviewing your petition- depending on individual cases; they may ask for additional information from either party (you or the prosecutor). Nothing beats having an experienced lawyer who specializes in dealing with such situations!

Step 5: Certificate of Expungement

If excused successfully after all is said; then received certificate gives official validation that previous convictions no longer affect them under most circumstances outside legal proceedings. Some exceptions apply here as some states such as New Jersey still allow organizations or employers to access this information when undergoing background checks concerning particularly sensitive positions.

Benefits of Working With An Experienced Expungement Attorney

While filing an expungement request independently remains possible some risks associated with doing it without representation exists. However, collaborating with experienced lawyers helps increase chances of success rate since they understand how to navigate legal systems ensure accurate filings, reduce stress associated with waiting around during lengthy processing periods while representing individuals at hearings making this entire procedure less intimidating than before.

Conclusion

Getting a fresh start in life by removing previous conviction records feels like being granted freedom like never before. To attain this aim, Todd Spodek’s Law Offices specialize in providing services of experienced expungement attorneys well-versed in this legal and complex process by guiding and representing individuals successfully through it; helping move forward into a brighter future. Don’t let your past mistakes hold you back from achieving your dreams. Contact us to schedule a consultation and start your journey with a clean record today!