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When can I apply for expungement in New Jersey?
When Can I Apply for Expungement in New Jersey?
Trying to get your criminal record expunged in New Jersey can be really confusing. There’s a lot of legal mumbo jumbo involved and it’s hard to know where to start. But don’t worry – this article will explain the basics of expungement in simple terms so you can figure out if and when you might be eligible.
First off, what is expungement? Basically it means having your criminal record sealed from public view. An expunged record is not deleted, but it is removed from databases that are accessible to potential employers, landlords, etc. The records still exist in the court system and law enforcement databases, but they are marked “expunged” so people know they shouldn’t be disclosed outside of certain circumstances.
Who is Eligible for Expungement in New Jersey?
There are a bunch of rules about who can and can’t get their record expunged in NJ. Here are some of the basics:
- You have to wait 5 years after completing your sentence (probation, jail time, etc) before applying for expungement. Sometimes you can apply after 4 years though.
- You can only expunge indictable convictions (felonies) if you have 1 or less on your record. You can expunge up to 3 disorderly persons offenses.
- Certain very serious crimes like murder, aggravated sexual assault, and kidnapping can never be expunged.
- All fines and restitution must be paid off first before you can expunge.
So in a nutshell, you have to have a pretty clean record, wait several years, and take care of your financial obligations before you can apply to get something expunged. There are other details too, but this covers the basics of eligibility.
How Does the New Jersey Expungement Process Work?
If you meet the eligibility criteria, here are the steps to get your record expunged in New Jersey:
- Get copies of your criminal records from the court. You’ll need these to file your expungement petition.
- Prepare and file the expungement petition in Superior Court in the county where you were arrested/prosecuted.
- Serve copies of the filed petition on the required government agencies like the Attorney General, State Police, prosecutor’s office, etc.
- Attend a court hearing if required – sometimes they happen, sometimes they don’t.
- If approved, serve copies of the expungement order on all the same government agencies.
It seems like a lot of steps, but a lawyer can help make the process go much smoother. While you can request an expungement without an attorney, having a lawyer handle all the paperwork and make sure you do it right is highly recommended.
How Long Does It Take to Get an Expungement in New Jersey?
The whole expungement process typically takes around 1 year from start to finish. It can sometimes be faster or slower, depending on factors like:
- How long it takes to get your records from the court
- The court’s schedule for handling expungements
- Whether the prosecutor objects and you have to go to court
- How fast the government agencies process the expungement order
The State Police currently take about 1 year to process expungement orders, but they are working on reducing the backlog. With a lawyer handling the process for you, it makes it much easier to keep track of everything without getting lost in the system.
Should I Hire an Expungement Lawyer in New Jersey?
Filing for expungement without a lawyer is possible, but it’s a complicated process with lots of room for error. Making a mistake can delay or ruin your chances of getting approved. Hiring an experienced expungement attorney is highly recommended because they can:
- Review your record and determine if you’re eligible
- Handle all the paperwork and filings for you
- Guide you through the process smoothly
- Deal with any objections from the prosecutor
- Make sure agencies process the expungement order properly
Many lawyers offer payment plans so expungement fees can be spread out over time. It’s worth investing in professional legal help to avoid problems and maximize your chances of success.
What Happens After My Record is Expunged in New Jersey?
Once your criminal record is expunged in New Jersey, it’s like it never existed as far as most people and background checks are concerned. You can legally answer “no” when asked if you have a criminal record. There are a few exceptions – expunged records can still be seen by police, prosecutors, and some professional licensing agencies in limited circumstances. But otherwise it will be removed from background checks by employers, landlords, schools, etc.
Getting an expungement can be life-changing – it opens up new job opportunities, makes finding housing easier, and lets you move forward with your life. But the process can be complex, so speak to an experienced attorney to make sure you handle it correctly. With the right legal guidance, you can petition to clear your record and get a true fresh start.
I hope this article helped explain the expungement process in New Jersey! Let me know if you have any other questions.