When an individual commits a crime, they may receive a criminal record. Criminal records can subject people to severe consequences that have the potential to follow an individual for the rest of their lives. The state of New Jersey recognizes the impact this can have on people. Criminal records can make it difficult for individuals to get jobs, housing, education, and loans. Because of this, New Jersey offers those with criminal records the change to expunge it. Expungement erases crimes and misdemeanors from a person’s criminal record, as long as they qualify. When an individual’s record is expunged, it can only be accessed by particular law enforcement agencies. If an individual wishes to expunge their record, it is important to contact an experienced attorney.
Expungement Laws in New Jersey
Expungement gives people the chance to erase their criminal history and give them a clean slate. It can clear a person’s record and let them start new. When a record is erased, it can open new doors for a person’s future. The state of New Jersey set new laws regarding expungement in October 2018. These laws prohibit employers from discriminating against applicants that expunged their criminal record. The new laws also made the following changes:
- Speeding up certain expungements
- Increased the number of convictions that may be expunged from a record (now up to 4 offenses)
- Shortened the waiting period to expunge a record (now 6 years)
Individuals who wish to expunge their record are required to meet certain criteria in order to do so. The state of New Jersey allows people to only expunge some crimes from a record, while others cannot be expunged. Very extreme crimes cannot be expunged from an individual’s record. This may include crimes such as murder, robbery, kidnapping, arson, sexual assault, or perjury. In addition to this, crimes that involve distributing or possession of controlled substances cannot be expunged either.
The Process
It is important to note that expunging a record can be a long and complex process. Certain requirements must be met and paperwork has to be filed. When an individual hires an attorney to help expunge their record, they are required to provide their attorney with all records of their criminal activity. Other requirements of the process may include:
- Filing the Petition for Expungement
- Filing the Order for Hearing
- Filing the Expungement Order
- A written cover letter explaining the documents being filed
- Providing copies of these files to other governments involved in the case
- Attending the hearing
Contact our Firm
If you or someone you know is looking to expunge their record, contact the Law Offices of George J. Mardinly today.
Our firm proudly represents clients in New Jersey who are faced with matters of family law, criminal defense, business law, real estate law, or estate planning. If you require strong and dedicated representation for any of your legal matters, contact The Law Offices of George J. Mardinly to schedule a consultation.