Common Mistakes to Avoid When Filing for Expungement in New Jersey

Common Mistakes to Avoid When Filing for Expungement in New Jersey

Seeking an expungement in New Jersey can be a complicated process full of potential pitfalls. Making even small mistakes on your expungement petition can lead to delays or even denial of your petition. Avoiding common errors and omissions will help your expungement petition proceed as smoothly as possible. Here are some of the most common mistakes to steer clear of when filing for expungement in New Jersey:

Failing to Disclose Your Entire Criminal Record

You must disclose your entire criminal record in New Jersey and all other states you have lived in when filing for expungement. Even arrests or convictions that were dismissed, downgraded, or had probation before judgement (PBJ) still must be listed. Failing to include any part of your record, even matters you assume were expunged or sealed already, can lead to denial of your petition. Be sure to gather full documentation of every arrest, charge, conviction, dismissal, or other disposition for any offense, no matter how minor. Consult an attorney if unsure what documentation is required.

Providing Incomplete or Inaccurate Information

Your expungement petition must contain complete and totally accurate information. Any missing details like arrest dates or incorrect data like wrong statute numbers may cause your petition to be rejected. Carefully review all documentation like court records to ensure all information on your petition matches precisely. An attorney can help assemble and verify all needed information.

Filing Too Soon

New Jersey requires waiting periods between final disposition of a case and filing for expungement. For indictable offenses, you must wait 10 years from the date of conviction, payment of fine, satisfactory completion of probation or parole, or release from incarceration, whichever is latest. The wait is 5 years for disorderly persons offenses. Filing before completing the mandatory waiting period will lead to automatic denial. Consult an attorney to determine when you become eligible.

Failing to Pay All Fines and Restitution

You must satisfy any court-ordered financial obligations like fines, restitution, penalties, or reimbursements prior to seeking expungement. Outstanding debts or failure to make regular payments can cause denial of your petition. Be sure all legal financial duties tied to your record are fully paid before filing.

Not Including All Required Documents

In addition to the petition, you must include several other documents like State Bureau of Identification fingerprint forms, certified copies of relevant court dispositions, and more. Missing any required paperwork will delay processing your petition. Carefully review all filing instructions and work with an attorney to ensure you submit complete documentation.

Filing in the Wrong Venue

You must file for expungement in the same court where the charges originated. For example, if you were arrested in Essex County, you would file your petition in Essex County Superior Court. Submitting your petition to the wrong court will lead to rejection. Double check all records to file in the proper court venue.

Making Errors in Your Petition

Even small mistakes like typos or leaving fields blank on your expungement petition can lead to denial. Carefully proofread your petition several times before submitting. An attorney familiar with expungements can review your paperwork to catch any errors.

Not Serving the Proper Authorities

You must provide copies of your petition to specific parties like the State Police, Attorney General, and County Prosecutor. Failing to properly serve all required authorities will halt processing of your petition. Work with an attorney to ensure you are serving the right parties.

Filing for Expungement When Ineligible

If your offenses are not eligible for expungement under New Jersey law, filing a petition will automatically be denied. Certain serious crimes like homicide can never be expunged. An attorney can advise if your specific charges are eligible for expungement and discuss any options like downgrading offenses.