How to Get an Expungement in New Jersey Without an Attorney

How to Get an Expungement in New Jersey Without an Attorney

Getting an expungement in New Jersey can be a complicated process full of legal jargon and procedures. But with some research and perseverance, it is possible to navigate without an attorney. This guide will walk you through the basics so you can file for expungement pro se (on your own behalf).

What is Expungement

An expungement legally destroys arrest and conviction records, sealing them from public view (with some exceptions). It’s as if the offense never happened.

There are huge benefits. You no longer have to disclose it on job or housing applications. And it reduces barriers that make it harder for those with records to build stable, productive lives.

New Jersey offers more robust and accessible expungement than most states. Many convictions become eligible after 10 years. And the wait time for indictable offenses is only 5 years.

Am I Eligible

You must meet strict eligibility rules to qualify for expungement in NJ.

• You can only expunge arrests and convictions in New Jersey – no federal or out-of-state records.
• At least 3-10 years must pass since final discharge from probation (timeframe depends on offense severity).
• Certain convictions like murder, aggravated sexual assault, and human trafficking can never be expunged.
• You cannot have any pending charges or convictions at the time you file.
• You must comply with all sentencing terms, like fines and restitution.
• Expungement is limited to 3 indictable convictions (or up to 5 under certain conditions).

Consult the New Jersey Courts Expungement Eligibility Tool to see if you meet the rules.

The Expungement Process

Follow these key steps to get an expungement in New Jersey:

1. Obtain Records

File an Open Public Records Act (OPRA) request for your criminal history records. This includes arrests, charges, convictions, sentences served, and probation history.

You’ll need certified copies to attach to the expungement petition. The records prove to the court that you meet the eligibility rules.

2. Prepare Your Petition

The expungement petition provides details on your criminal history and requests that the court grant an expungement order. You must use the forms in the New Jersey Courts Expungement Kit.

Be sure to follow all instructions and fill out the forms completely. Any errors could delay or jeopardize the petition. We recommend making copies before submitting to the court in case mistakes need to be corrected.

3. File and Serve the Petition

Make 4 copies of the completed petition and attachments – one for you, one for the court, one for the prosecutor’s office, and one for the State Police. File the original petition with the Superior Court in the county where the arrest/conviction happened.

You must also arrange service of process on the other parties. This proves they received notice of the petition. You can hire a process server or ask the court clerk if law enforcement can serve the documents.

4. Attend the Hearing

The court will schedule a hearing 4-6 weeks after you file the petition. The judge reviews the documents and makes sure you meet all expungement requirements.

Prepare a statement explaining why you deserve expungement and how it will help you move forward. Show that you accepted responsibility and turned your life around.

If the judge approves, you’ll get an Order for Expungement. This legally directs removal of the records.

5. Distribute Expungement Order

It’s your responsibility to deliver copies of the signed order to all agencies that maintain your records. This includes the prosecutor’s office, State Police, and any courts, jails or probation offices. Follow up to confirm they comply within 60 days.

And remember – you still must disclose the expunged offense on applications to become a lawyer, judge, law enforcement officer or public official. Expungement does not erase records – it only seals them from public access.

Common Legal Issues

Here are some key things to know that often trip people up during the expungement process:

• You can only expunge arrests that did not result in a conviction. If found guilty, you must expunge the conviction itself.
• Convictions for multiple offenses from a single event count as one conviction when calculating eligibility limits.
• You must disclose all convictions on the petition, even those not eligible for expungement. The judge will determine what legally qualifies.
• If a petition is denied, you must wait 2 years to reapply unless there’s proof of rehabilitation showing fitness to expunge.
• Be patient throughout the process, which often takes 9 months to a year before records are sealed.

Finding Help

While possible to get an expungement in New Jersey without an attorney, consider consulting a lawyer if:

• Unsure whether you meet all eligibility rules
• Have complex criminal history with many arrests/convictions
• Denied petition previously and need help reapplying
• Not confident handling legal terminology and court procedures

Public defenders represent clients seeking expungement at no cost. NJ also has expungement clinics and non-profits offering guidance.

Don’t let a criminal record continue blocking future success. With determination and these steps, you can get an expungement in NJ even without an lawyer. The process takes patience and attention to detail – but regaining your rights is worth the effort.