Expungement can be a breath of fresh air for individuals across the state of New Jersey. We all make mistakes, and if you’ve gone a long time without making the same mistake again, you deserve to be recognized from learning from your errors and moving on with your life. As you know, a criminal conviction on your record can follow you wherever you go, so it is no secret why you want yours erased. To learn more about expungement, please read on:
Are there certain crimes that cannot be expunged?
While New Jersey does offer a means for certain convicted criminals to have their record cleaned up, certain felony offenses are solely off-limits. The crimes ineligible for expungement in New Jersey are as follows:
- Aggravated sexual assault
- The distribution, sale, or possession with intent to distribute a controlled substance
Can I get my record expunged?
Fortunately, several different scenarios may qualify for expungements. Some situations that may qualify for a record expungement are as follows:
- Juvenile offenses may be expunged after three years
- Sometimes, certain circumstances allow for more than one felony expungement
- You may get an expungement if you have 3 or less disorderly persons convictions and a felony conviction, and 4 disorderly persons convictions if you have not been convicted of a felony
- If you were arrested for a crime but were never convicted
The waiting periods for an expungement in New Jersey are as follows:
- Felony offenses: 5 years
- Disorderly Person’s offense: 3 years
- Dismissals after diversion program: 6 months
- Acquittals or dismissals: no waiting period
How do I get my record expunged?
To get your record expunged, you must first hire an attorney experienced in criminal defense. From here, your attorney will gather all records associated with the crime(s) you want to be expunged from either the Superior Court Criminal Case Management Office where the arrest took place or through the attorney that initially handled your case.
Next, your attorney will write a cover letter that accounts for all documents filed with the court, file a Petition for Expungement, distribute copies of said files to government agencies, and attend a hearing where they will consider your expungement. Generally, the hearing is merely a formality, and you will not have to attend. If you believe you are eligible for expungement, reach out to our seasoned criminal defense firm today.
Contact our experienced New Jersey firm
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, please do not hesitate to contact The Law Offices of George J. Mardinly to schedule a consultation.