Strategies for Obtaining NJ Expungements

Strategies for Obtaining NJ Expungements

Getting an expungement in New Jersey can be a complicated process full of legal jargon and confusing rules. But having a criminal record sealed or erased can open up life-changing opportunities, so it’s worth learning the strategies to make it happen. This article will walk through the basics in an easy-to-understand way, so you can get the fresh start you deserve.

First Things First: Figure Out If You’re Eligible

If you’ve been arrested or convicted in NJ, the first step is determining if your record can actually be expunged. There’s no point wasting time and money applying if you don’t meet the eligibility requirements.

The main factors are:

• The type of offense
• How much time has passed since conviction or release from jail
• Whether you have prior convictions

For example, most disorderly persons offenses are eligible after 5 years. More serious crimes like aggravated assault may never be expungable. Check out this detailed list of eligibility timeframes to see if/when your offense qualifies.

If you aren’t eligible yet, don’t fret! File the date to revisit expungement on your calendar, so you remember to apply when the time comes.

Next Up: Prepare Your Petition Paperwork

If it looks like your record can be expunged, the next step is prepping all the required paperwork to submit your petition. This includes:

1. Petition for Expungement

This main form provides info about your offenses, arrests, and personal background. It also indicates whether you are seeking a full expungement to erase the record, or just sealing it from public view.

2. Order for Hearing

The judge signs this to schedule your court date for the expungement hearing.

3. Expungement Order

The judge signs this if they approve your expungement petition at the hearing.

There may be additional forms required depending on your specific situation, like needing certificates of rehabilitation.

The NJ expungement kit contains all the forms and instructions you’ll need. These documents require extreme attention to detail, so consider consulting an expungement lawyer if possible to ensure accuracy.

Don’t Forget the Filing Fee

Submitting the petition paperwork isn’t free unfortunately. The filing fee is around $75. However, you can request a fee waiver if you cannot afford the cost.

Time to File with the Court

Once your documents are flawless and funds or fee waiver secured, it’s go time! Make two full copies of the completed petition packet – you need the original plus two copies. File this bundle in-person with the criminal case management office at the county courthouse.

If approved, they’ll return two copies stamped “Filed” for your records. One copy goes to the prosecutor’s office so they can review your petition for any issues or objections.

Clear the Mandatory Waiting Period

After filing, most cases require a 60-90 day waiting period before the court schedules a hearing. This allows time for the required background check and prosecutor review.

It stinks to wait even longer when freedom feels so close! But try to be patient and avoid legal trouble during this period. Further convictions can tank your petition.

Attend Your Expungement Hearing

This is the final step to argue your case face-to-face with a judge! They will likely ask you questions about the offense, arrest details, and why expungement is deserved.

It’s nerve-wracking, but dress nice, be honest, and emphasize how sealing your record could change your life for the better. Bring an expungement lawyer if possible, since they can advocate powerfully on your behalf.

If approved, congratulations! The judge will sign your expungement order right there in court.

Be Diligent with Distribution

You must send copies of the signed expungement order to all the following so they seal your records accordingly:

• State Police (if a fingerprintable offense)
• Any municipal law enforcement agencies involved
• County Prosecutor’s office
• Probation department (if you were on probation)

Stay on top of this critical last step to ensure your fresh start sticks!

Final Thoughts

Expungement rules can be frustratingly convoluted. But with the right strategy – confirming eligibility, meticulous paperwork, prompt filing, patience through delays, compelling hearing presence, and diligent distribution – sealing or erasing an NJ record is possible.

If this sounds daunting, don’t lose hope! Connect with an expungement lawyer for guidance maximizing your chances. And know that the effort pays dividends in career, housing, education, and life opportunities regained.

You deserve a clean slate. Go get it!