NEW JERSEY CRIMINAL LAWYERS

NJ STRATEGIES FOR OBTAINING NJ EXPUNGEMENTS

Obtaining expungements for criminal records in New Jersey is an essential step towards getting a fresh start and moving on from past mistakes. If you have multiple crimes on your record, the expungement process can be more challenging than it initially appears. However, several strategies can help you overcome the hurdles and ultimately obtain the expungement you need to get back on track with your life.

-THE PRIMARY STRATEGY FOR MULTIPLE CRIMES EXPUNGEMENT

One effective strategy that works for obtaining expungement in cases involving multiple indictable convictions is proving that the related arrests or charges came from a common scheme or crime spree. This approach was established in Application of Fontana (146 N.J.Super. 262 (App.Div.1976)), where it holds that similar offenses committed under similar circumstances may be considered as one single offense instead of separate crimes.

The case of Patrick Fontana provides an example of how this “common scheme” theory can work in practice when seeking multiple crime expungement in New Jersey. Patrick was charged with six counts of breaking and entering with intent to steal, as well as five counts of larceny, all arising from a series of events kicked off by a burglary he committed along with two others at a deli, stealing cases of beer and soda. A week later, they stole more items from several private residences, a car, a television store, and even at a market. Subsequently, Patrick pleaded guilty to all counts, got sentenced concurrently to suspended sentences along with two years’ probation and $500 fine.

The key issue before the court was whether Patrick’s convictions for the six indictments could be deemed as constituting one “conviction” qualifying him for expungement under N.J.S.A. 2A:164-28.

The court affirmed that the statute regulating such matters applies to Patrick’s situation since he got convicted based on similar crimes committed by the same offenders within a relatively short time frame. The court noted that such offenses might be regarded as constituting “a two-night spree.” Statutes governing expungement aim to encourage the rehabilitation of persons with prior convictions. Additionally, under the present circumstances, allowing expungement serves to fulfill this objective.

-THE DISCRETIONARY ELEMENT OF EXPUNGEMENT

NJSA 2C:52-1 to NJSA 2C:52-32 mandates granting discretionary powers to trial judges, empowering them to decide whether or not to grant relief when individuals convicted of criminal charges seek expungement. The statute imposes eligibility requirements mandating specific waiting periods before some criminal offenses become eligible for expungement. However, not all convictions qualify for relief under state law.

In Patrick’s case, the trial judge was initially reluctant about granting his request for an expungement order based on Patrick’s multiple convictions but changed his move after determining that he committed only one crime and approved his request ultimately.

-BASIC INFORMATION ABOUT NEW JERSEY EXPUNGEMENT STATUTE

Anyone interested in acquiring background information about the requirements and procedures involved in getting an expungement in New Jersey can glean some vital facts from the following table:

| Element | Detail |
| — | — |
| Expungement Statutes | NJSA 2C:52-1 to NJSA 2C:52-32 |
| Waiting Periods | Varies depending on the crime |
| Non-Conviction Record Sealing | Eligible |
| Eligibility Criteria | For First-time offenders, Drug users |
| Dismissal Allowed | For certain reasons |
| Sealing of Records Allowed ||
Effect of Expungements ||

HTML Table for Multiple Crimes Expungeable In New Jersey
Below is a table detailing certain crimes and whether they qualify for expungement in New Jersey:

| Criteria | Eligibility |
| — | — |
| Burglary and property crimes | Cannot expunge |
| DUI and drug offenses | May expunge |
| Assault offenses | May expunge |
| Sexual misconduct | Cannot expunge |
| General misdemeanors and felonies | May be eligible, depending on the case |

-CONCLUSION

Getting your criminal records cleared can go a long way towards restoring your life after serving time in prison or making mistakes. Although the NJ expungement statute can be challenging to navigate, understanding the basics could help you determine whether you qualify and choose an excellent strategy to beat its constraints. If you have any concerns regarding your eligibility when seeking multiple crime expungement in New Jersey, reach out to Todd Spodek via his phone number: 212-300-5196 for a consultation that may change everything.