Camden NJ Expungement of a Disorderly Persons Offense Lawyer

Camden NJ Expungement of a Disorderly Persons Offense Lawyer

Have you been previously convicted of a disorderly persons offense in Camden, New Jersey? If so, you may be wondering how this conviction could impact your life going forward. While a disorderly persons conviction may seem minor, it can actually follow you around for years, negatively affecting your employment, housing, education, and other opportunities.

Luckily, New Jersey law allows for the possibility of expunging certain disorderly persons convictions after a period of time. Expungement is the process of having your criminal record sealed from general review. This means that most private entities, like employers or landlords, will no longer be able to see your disorderly persons conviction when running a background check.

In this article, we’ll break down everything you need to know about expunging a disorderly persons offense in Camden, NJ. We’ll cover:

• What is a disorderly persons offense in NJ?
• How a disorderly persons conviction affects background checks
• Requirements for expunging a disorderly persons offense
• The benefits of expungement
• Finding the right Camden expungement lawyer

What is a Disorderly Persons Offense in New Jersey?

New Jersey categorizes crimes as either indictable offenses or disorderly persons offenses. Indictable offenses are the more serious crimes, equivalent to felonies in other states. Disorderly persons offenses are less serious, similar to misdemeanors elsewhere.

Some examples of common disorderly persons offenses in NJ include:

• Shoplifting
• Simple assault
• Possession of less than 50 grams of marijuana
• Criminal mischief/vandalism
• Disorderly conduct

Disorderly persons cases are typically heard in municipal court, not superior court. A conviction can lead to up to 6 months in jail and/or fines up to $1,000. While less serious than indictable convictions, disorderly persons offenses can still carry significant consequences.

How a Disorderly Persons Conviction Affects Background Checks

Many people assume their disorderly persons conviction won’t show up on a basic background check years later. Unfortunately, that is often not the case. A disorderly persons offense is still considered a criminal conviction, and will likely appear on your record forever unless expunged.

There are a few scenarios where a disorderly persons conviction might not automatically show up on a background check:

• The background check only covers a limited time period and your conviction was long ago.
• The background check service doesn’t search certain databases where your conviction is recorded.
• The background check is informal and the information collected is inaccurate or incomplete.

However, you can never assume your disorderly persons conviction won’t appear. Safest practice is to always disclose it if asked on an application. Failing to disclose could constitute fraud and cause you to lose job offers, housing, etc.

Requirements for Expunging a Disorderly Persons Offense in New Jersey

The good news? Many disorderly persons offenses in New Jersey may be eligible for expungement. The primary requirements are:

• It’s been 5 years since the date of conviction, completion of probation, or release from incarceration, whichever is latest.
• You have not been convicted of another crime (disorderly persons or indictable) during that 5 year waiting period.
• There are no active prosecutions or pending charges against you.

There are certain exceptions where you may be able to expunge a disorderly persons conviction sooner than 5 years:

• The waiting period is only 3 years if your offense was possession of less than 50 grams of marijuana or hashish.
• The waiting period is also 3 years if your offense was failure to make lawful disposition of a controlled dangerous substance.
• If your offense was underage possession/consumption of alcohol, the waiting period is only 1 year.

Additionally, you can never expunge certain types of more serious disorderly persons convictions, including domestic violence offenses.

If you meet all the requirements, the next step is filing a petition for expungement with the court. This is where having an experienced criminal defense lawyer can be extremely helpful.

The Benefits of Expunging a Disorderly Persons Conviction

Getting a disorderly persons offense expunged can be life-changing. An expunged record is sealed from general review. Most private entities will not see your disorderly persons conviction on a background check.

That means you don’t have to worry about it impacting things like:

• Job applications
• Apartment rental applications
• College applications
• Loan or mortgage applications
• Professional licensing

Your offense will still exist on certain law enforcement databases. You may have to disclose it if applying for a government job, security clearance, gun permit, etc. However, for most private purposes, your record will appear clean.

Finding the Right Camden, NJ Expungement Lawyer

Trying to navigate the New Jersey expungement process yourself can be complicated and frustrating. That’s why working with an experienced criminal defense lawyer is so valuable.

Look for a Camden expungement attorney who is well-versed in all the intricacies of New Jersey’s expungement laws. They can review the details of your case and determine your eligibility. If you qualify, they’ll handle compiling all the required paperwork and representing you at any necessary court hearings.

A knowledgeable lawyer will know how to present your petition in the most favorable light. They’ll also make sure you meet every requirement and avoid any mistakes that could cause your petition to be denied. Having an attorney in your corner can significantly increase your chances of success.

At Aydelotte & Scardella Law LLC, our New Jersey criminal defense attorneys have extensive experience handling expungement cases in Camden and surrounding areas. We’ll thoroughly evaluate your unique situation and help you determine if expungement is possible. If so, we’ll fight to get your record cleared so you can move forward with your life unhindered.

Don’t let a disorderly persons conviction from your past continue haunting you. Take control of your future. Contact our Camden law offices today to schedule a free consultation with a lawyer. There are time limitations, so it’s important to act now rather than waiting. Let us help you expunge your disorderly persons offense record in New Jersey.