What is the process for expungement in New Jersey?

The Process for Expungement in New Jersey

Getting your criminal record expunged in New Jersey can be a complicated process, but it may be possible depending on your specific situation. An expungement allows you to legally deny that you were ever arrested, charged or convicted of a crime that is expunged. This article will explain who is eligible, the steps in the expungement process, and some key things to keep in mind when applying for expungement in New Jersey.

What is Expungement?

Expungement is the process of having your criminal record sealed from public view. While law enforcement agencies will still have access to your record, most employers and landlords will not be able to see it after expungement[1].

If your expungement petition is approved by the court, you can legally deny that you were ever arrested, charged or convicted for that offense (with a few exceptions like applying for a government job or gun permit) [2].

Types of Records That Can Be Expunged

In New Jersey, you may be able to expunge the following types of records[3]:

• Indictable offenses (felonies)
• Disorderly persons offenses (misdemeanors)
• Petty disorderly persons offenses
• Municipal ordinance violations
• Juvenile delinquency records

However, there are certain serious offenses that can never be expunged, such as murder, kidnapping, aggravated sexual assault, and certain drug distribution charges[4].

Eligibility for Expungement

In order to qualify for expungement in New Jersey, you must meet certain eligibility requirements based on the type and number of offenses on your record, and the amount of time that has passed since conviction[4]. Some key requirements include:

• You can only expunge up to 1 indictable offense (felony) ever.
• You can expunge up to 3 disorderly persons offenses (misdemeanors).
• There is no limit on expunging municipal ordinance violations.
• You must wait 10 years from end of probation/parole to expunge an indictable offense.
• You must wait 5 years to expunge misdemeanors and ordinance violations.

The “Clean Slate” expungement law allows people to expunge their entire record of convictions after 10 years, regardless of how many indictable or disorderly offenses they have[5]. This makes expungements accessible to many more people.

The Expungement Process in New Jersey

If you meet the eligibility requirements, here is an overview of the process to get your criminal record expunged in New Jersey[1][3]:

1. Obtain your criminal records – You’ll need to get copies of your records from the court, police department, and any other agencies involved.
2. Prepare your petition – Fill out the expungement petition and include all the required details about your offenses, arrests, convictions etc.
3. File your petition – Submit your completed petition and filing fee to the court in the county where the offense occurred.
4. Serve the petition – Send copies of the filed petition to the required government agencies like the prosecutor’s office and State Police.
5. Attend the hearing – In most cases, you don’t need to appear in court but may need to if the prosecutor objects.
6. Distribute the order – If approved, send copies of the expungement order to all required agencies to remove your records.

This process usually takes around 4-6 months in New Jersey. Hiring an expungement lawyer can help guide you through the process and deal with any objections that come up.

Should I Hire an Attorney?

Navigating the expungement process on your own can be challenging. While it’s possible to file a petition without an attorney, having a lawyer represent you can help in several ways[6]:

• They understand all the complex expungement laws and eligibility requirements.
• They can obtain your records and prepare the petition accurately.
• They can handle any objections from prosecutors and defend your petition in court if needed.
• They ensure the expungement order is properly delivered to all required agencies.
• They save you time, stress and potential mistakes that could cause denial.

Many lawyers offer free consultations, so you can discuss your situation before deciding if you want to hire them. Shop around to find an affordable attorney that you feel comfortable with.

Filing for Expungement Online

New Jersey recently launched an online system that allows you to file for expungement electronically through the court’s eCourts portal. This system walks you through the steps of obtaining your records, filling out the forms, filing your petition and more[1].

While the online system can make filing easier and more efficient, it’s still a complex legal process. Consulting with an attorney can help ensure your petition is error-free and has the best chance of approval.

Key Things to Know About Expungement

Here are some important things to keep in mind about getting your record expunged in New Jersey:

• The entire process usually takes around 4-6 months to complete.
• Certain serious offenses can never be expunged like murder, kidnapping, aggravated sexual assault etc.
• You can only expunge up to 1 indictable offense (felony) ever.
• Multiple convictions from a single “crime spree” may be treated as one offense.
• The “Clean Slate” law allows expunging entire record after 10 years.
• Hiring an attorney can help avoid mistakes and increase chances of approval.
• New electronic filing system allows filing petitions online.
• Completing the process fully clears the offense from public record.

As you can see, expungement in New Jersey involves many complex steps. But it can be worth it to clear your record and get a fresh start. Consulting with an attorney is highly recommended to help navigate the process smoothly and maximize your chances of success.

Citations

[1] Expunging Your Court Record – NJ Courts

[2] How to Expunge Your Criminal and/or Juvenile Record – NJ.gov

[3] New Jersey Expungement Process – Katherine O’Brien Law

[4] Eligibility Requirements for NJ Expungement – New Jersey Criminal Defense Attorneys

[5] How to get your criminal record expunged in New Jersey – Philadelphia Inquirer

[6] How Long is the Expungement Process in New Jersey? – Lento Law Firm