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NJ Expungement
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NJ Expungement
Having a criminal record can be a lifelong barrier to jobs, housing, education, and more in New Jersey. Expungement provides a legal process to clear eligible offenses from your record and relieve collateral consequences.
An expungement in New Jersey essentially removes convictions and arrests from public view and many government databases. While not destroyed, they become inaccessible for most purposes.
Understanding when you qualify, how to apply, and what relief an expungement provides is key to overcoming a criminal past in NJ. Here is an overview of the expungement process.
What is Expunged in New Jersey?
In NJ, you can potentially expunge arrests that did not lead to conviction, convictions for low-level crimes, and convictions for certain indictable offenses after 10 years. Some examples include:
- Disorderly persons offenses
- Petty disorderly persons offenses
- Municipal ordinance violations
- Low-level drug crimes
- Non-violent indictable offenses
However, there are also many ineligible offenses like sex crimes, corruption, and serious violent felonies.
Benefits of an Expungement in NJ
The main benefits of expunging a criminal record in New Jersey include:
- Removing convictions and arrests from public record
- Legally being allowed to deny the offense occurred
- Eliminating barriers to jobs, housing, education, loans etc.
- Restoring certain lost rights
- Improving immigration status for non-citizens
While not erased, an expunged offense becomes hidden from most background checks and databases.
Eligibility for Expungement in New Jersey
To qualify for expungement in NJ, you must meet all requirements such as:
- Crime is eligible for expungement
- You have no pending charges
- All court-ordered terms completed
- Mandatory waiting period has passed
- You have not expunged another offense
The waiting period is 5-10 years depending on the crime. An attorney can advise if you meet the criteria.
The Expungement Process in NJ
To clear your record in New Jersey, you must file a petition in Superior Court. The basic process includes:
- Filing and serving the expungement petition
- Attending the court hearing
- Court issues expungement order if approved
- Distributing orders to agencies to remove records
The prosecutor is notified and can oppose the petition. But if approved, agencies must comply.
Effect of an Expungement Order
Once granted an expungement order in NJ, agencies must remove your records including:
- State Police criminal history
- Corrections and probation records
- Court files and docket entries
- Local police records
These become confidential. Private background checks may still show something, but details cannot be released.
Limitations of Expungement in New Jersey
While expungement provides extensive relief, there are some limitations in New Jersey:
- Government agencies may still see expunged records
- Schools, employers, landlords can still ask about expunged crimes
- Does not erase criminal history held by federal agencies
- May not remove sex offender registration requirements
Also, if you expunge one offense, you cannot expunge other convictions again. Consult with counsel on any restrictions.
Finding an Expungement Attorney in NJ
Navigating New Jersey’s complex expungement process requires an experienced criminal law attorney. They will:
- Review your entire criminal record
- Determine your eligibility for expungement
- Handle the petition process from start to finish
- Advocate and obtain the expungement order
- Distribute the orders to clear your records
Don’t attempt expungement without legal guidance. The right attorney ensures errors that could deny relief are avoided.
Regain your future through New Jersey record expungement. Contact an attorney today to explore your options.