What is expungement?

When we’re younger, we may many mistakes over the years. Children can be immature and not realize the extent of their actions. When they make mistakes that can cause legal trouble, it can stay with them. However, expungement may be able to get rid of their mistakes. They have the ability to get rid of their criminal record, giving them the chance to start over again.

Expungement laws ban employers from discriminating against potential employees for having a previously erased criminal record. These laws are particularly based on the number of convictions that can be expunged and the waiting period to expunge an entire record for juveniles. The ban the box legislation includes language in the original bill for people who had their records expunged. Juveniles are able to expunge their juvenile record after three years. Individual are able to expunge up to four offenses or even multiple offenses that occurred within a short period of time if the petitioner has not been convicted of any prior or subsequent offense. The waiting period for expungement eligibility had previously decreased from 10 years to six years, allowing people convicted to apply for their expungement earlier. This follows the lastest of any conviction, payment of fine and completion of probation, parole or prison sentence that was made. If fines and restitution are paid in satisfaction and were the only remaining barrier, the eligibility period for expungement can be further reduced for the petitioner. The court may find this in the public’s interest. There is also the new effect of aligning the expungement and sentencing statutes that allows expungement for possession of marijuana with the intent to sell up to one ounce.

Why is expungement beneficial?

The process of expungement allows individuals to start fresh and clean without a record. They may be able to erase offenses that they were charged and start their lives without revealing this information any longer. This can give them the ability to apply to certain things, such as a job, and not have to check a box that lists them as being convicted of a crime. For juveniles, this can be especially beneficial. Juvenile crimes are committed when individuals are at a young age. When these minors are charged with these crimes, they are not fully matured. They are going to make mistakes. With expungement of these offenses, it can give them a future free from these strings being attached to their reputation and identity.

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.