Criminal Defense Lawyers

New Jersey Section 2C:52-9 – Order fixing time for hearing

New Jersey’s expungement laws allow people convicted of certain crimes to have their records cleared after a period of time. This gives folks a fresh start and removes barriers to jobs, housing, and other opportunities. One key part of the expungement process is the court hearing under Section 2C:52-9. This section lays out how the court sets a time for that hearing.

What Happens at the Expungement Hearing?

The hearing is where the judge reviews your expungement petition. They look at your criminal record and any objections to your request. The judge decides if you’re eligible under the law to have records expunged. If you are, the court will grant your petition. This means your arrest and conviction records can be erased.

The hearing gives the court a chance to hear both sides. You can explain why you deserve an expungement. Prosecutors can argue why your petition should be denied. Victims also get a say.

Overall, the judge looks at all the facts. They weigh your reasons for wanting a clean slate. They consider any objections. Then they make a decision that’s fair under the New Jersey expungement statute.

How the Court Sets a Hearing Date

Section 2C:52-9 covers how the court picks a date and time for your expungement hearing. Here’s a quick rundown of the process:

• You file your expungement petition with the court. This starts the case.
• The court reviews the petition. They check to see if it’s done right procedurally.
• If all looks good, the court issues an “Order Fixing a Time for Hearing.” This sets the date when your petition will be heard.
• The order also directs you to send copies to certain parties. Typically, this includes the prosecutor’s office and the State Police. The idea is to give them notice so they can be prepared for the hearing.
• The court picks a realistic date that gives enough time for notification. Enough time for the prosecutor to pull records and prepare any objections.
• Often, the court sets the hearing 60-90 days out from filing the petition. This gives the system time to work. But courts can schedule sooner for simpler cases.
• You’re responsible for serving copies of the order to the required parties. You then file proof with the court showing they got notice.
• The hearing date arrives. You show up and make your case for expungement!

So in a nutshell, 2C:52-9 is the part of the process where the court picks a hearing date. They get the ball rolling after you submit your petition.

Preparing for the Hearing

It’s important to get ready before your big day in court. Here are some tips:

• Review your petition and make sure it’s accurate. Fix any errors ASAP.
• Gather supporting documents like evidence of rehab, training certificates, proof you paid fines, etc. Anything showing you deserve expungement.
• Research the prosecutor’s typical approach. Do they often fight petitions or just go with the flow?
• Think about what you’ll say at the hearing. Practice explaining why you want your record cleared.
• Line up people to come support you, like employers, teachers, clergy. The judge may allow them to briefly speak on your behalf.
• Know the legal standard the judge will apply. Be ready to explain how you meet the requirements.
• Prepare for any objections. Think about counterarguments you can make.
• Get your court clothes ready and know where to park. You want logistics handled so you can focus on your case.
• Know your rights in the courtroom. The judge must allow you to be fully heard.

Preparing well sets you up to put your best case forward. It helps convince the judge expungement is right for you.

After the Hearing

If the hearing goes your way, congratulations! The judge will grant your expungement petition. But your case isn’t quite wrapped up yet.

Now the court sends expungement orders to all the agencies holding your records. This includes police, prosecutors, probation department, jails, the Motor Vehicle Commission, and more.

Each agency has 60 days to comply. They must erase or seal your records as ordered. Often, they send back a certification saying your records are cleared.

In total, it usually takes 60-90 days after the hearing to fully process an expungement. So be patient as the system works through all the steps.

Once it’s final, you should get certified copies of the expungement order. These prove your record is expunged if any disputes arise. Keep them in a safe place in case you ever need them!

Understanding New Jersey’s Expungement Laws

New Jersey’s expungement laws are complex. There are different waiting periods and eligibility rules depending on your offense. A lawyer can help figure out if you qualify and walk you through the process.

But here are some basics of who can seek expungement in New Jersey:

• You must wait 10 years from conviction for most indictable offenses.
• Disorderly persons offenses have a 5 year waiting period.
• Convictions for sale or distribution of drugs are not eligible.
• You can only expunge indictable convictions once. Up to 3 times for disorderly offenses.
• Certain very serious crimes like murder are not eligible.
• Public entities can object to petitions based on the public interest.
• Victims and witnesses have a right to object or be heard on your petition.
• The prosecutor must prove by clear and convincing evidence why your petition should be denied.

As you can see, the eligibility rules have a lot of ins and outs. Sitting down with an attorney can help you sort through whether expungement works for your situation.

Should You Hire an Attorney?

You don’t have to have a lawyer to file for expungement. But having legal counsel can really help your chances.

An attorney knows all the complex rules and nuances. They can give you an honest assessment of your eligibility. They make sure your petition is air tight.

At the hearing, a lawyer can advocate for you. They know how to argue persuasively and respond to any objections. Plus, having an attorney often makes the judge more confident granting your petition.

If finances allow, hiring an expungement lawyer is probably worth it. Many do payment plans if the cost is an issue. Shop around to find someone experienced but affordable.

Conclusion

Clearing your record through New Jersey’s expungement laws can be life-changing. But it involves many steps, including a court hearing. Understanding the process under 2C:52-9 reduces stress. Being prepared and working with a lawyer helps set you up for success. With some time and effort, you can get a fresh start and move forward in life.