New Jersey Crimes Eligible for Expungement
Expungement of Records Attorney, Freehold NJ Lawyer
At Clark & Clark our lawyers have successfully handled expungements of arrests, criminal charges, and criminal convictions throughout the State of New Jersey. Certain criminal convictions are eligible for an expungement in New Jersey, and we can easily guide you through the expungement statute (download .doc) to determine whether you are eligible for an expungement. In addition to determining the crimes which are eligible, it is equally important to determine the length of the waiting period from the date of your conviction to the date upon which you are eligible to file a petition for expungement. Remember, the time requirements and limitations on criminal expungement eligibility in NJ only apply to convictions. If you were arrested and charged but the charges were ultimately dismissed, you may be eligible for an immediate expungement.
New Jersey Expungement Lawyers Working to Clear Your Criminal Record
Attorneys at Clark and Clark, LLC will provide you with a free consultation to determine whether you are eligible for an NJ Expungement of your criminal record. We have successfully handled the expungements of criminal records all over the State of New Jersey including Monmouth County, Ocean County, Middlesex County, Mercer County, Union County, Somerset County, Essex County, Hudson County, Burlington County, Cape May County, Atlantic County, Sussex County, Morris County and Bergen County.
Why You Should Have Your Criminal Record Expunged
Unfortunately, many employers, and educational institutions place a stigma on any person who has been arrested let alone convicted of a crime. A prior criminal conviction can affect your employment opportunities and may be an absolute bar to certain job opportunities. A prior arrest or conviction can also affect professional licensing boards and college applications.
Increasingly, employers are conducting background checks on new employees as well as existing employees who may have been with the company for many years. The criminal background check will uncover not only convictions but also arrests no matter how long ago they occurred. If you were fingerprinted for an offense regardless of the ultimate outcome, a criminal record with that information has been generated and is on file with the New Jersey State Police. Many people assume that because their charges were dismissed or because they completed a diversionary program, such as Pretrial Intervention or a Conditional Discharge, that the offense will not show up on a background check. Invariably, many of our clients soon learn that the records exist and have been accessed by a potential employer.
Our Experienced NJ Expungement Attorneys Can Assist You in Quickly Obtaining an Expungement
Background checks, once an exception to a job application, are now the norm. You may never even know that a potential employer passed you up for a job for this reason. In addition, your criminal record remains on file indefinitely unless you have that record expunged. An expungement of your NJ record will prevent an employer from accessing your criminal record and allow you to lawfully answer “no” to employment application question as to whether or not you had ever been arrested or convicted of an offense.
Crimes which are Eligible for Expungement
In order to have your record expunged (cleared), you must first look at whether or not you are eligible to have the criminal conviction expunged. Individuals should contact an attorney at Clark & Clark, LLC for a free consultation to determine whether they meet the requirement for an expungement of their New Jersey Criminal Record.
Convictions for the Following Crimes are not Eligible for Expungement in NJ:
(1) Criminal Homicide (exception Vehicular Homicide)
(3) Luring or Enticing
(4) Aggravated Sexual Assault
(5) Criminal Sexual Contact if the victim is a minor
(6) Criminal Restraint
(8) Endangering the Welfare of a Child (if based on sexual contact or child pornography)
(9) False imprisonment
(11) False Swearing
(12) First and Second Degree Distribution of Controlled Dangerous Substance or Possession of Controlled Dangerous Substances with Intent to Distribute (Note: 3rd and 4th Degree Distribution Charges are expungeable).
In addition, the NJ expungement statute does not apply to motor vehicle violations or DWI or DUI. Thus, neither DWI/ DUI or traffic tickets can be expunged.
Waiting Period for Expungements
The following is a chart which sets forth the general eligibility requirements for an expungement in NJ and the waiting periods for filing a petition for expungement in NJ.
|RECORD TO BE EXPUNGED||TIME ELAPSED SINCE OFFENSE|
|Most Indictable Convictions (with no more than 2 Disorderly Persons)||10 years from completion of sentence and payment of fines|
|Disorderly Persons Offenses (no more than 3)||5 years from completion of sentence and payment of fines|
|Petty Disorderly Persons Offenses (no more than 3)||5 years from completion of sentence and payment of fines|
|Municipal Ordinances||2 years from completion of sentence and payment of fines|
|Arrests Resulting in Dismissal||Immediately regardless of any other criminal record|
|Pre Trial Intervention||6 months after completion of the program|
|Conditional Discharge (for drug offenses)||6 months after completion of the program|
|Any Drug Possession Case and Certain Distribution Offenses Between 18 and 21 Years Old||1 year from completion of sentence and payment of fines|
*Anyone with more than one indictable conviction is completely ineligible for an expungement. Some out of state convictions may also affect eligibility.
Out of State Residents Eligible for an Expungement in NJ
Attorneys at Clark & Clark, LLC handle New Jersey expungements for out of state residents as well as in state residents. You do not need to come back to New Jersey in order to have your expungement effectively litigated. Our attorneys will prepare all the filings and handle any expungement matter that needs to be litigated in court without you ever coming to New Jersey. Contact us today to discuss the details.
Length of Time Before Expungement is Complete
Pursuant to Court rules, the expungement motion should be scheduled from 30 to 60 days from the filing of the expungement petition. Of course, each County is slightly different as far as the time it takes to get your case listed on the expungement calendar. Due to the tremendous increase in the amount of people seeking expungements in NJ, some courts may take slightly longer. If you need your matter expunged quickly, please contact our office and we will assist in getting your case expunged on an expedited basis if possible.
Information Needed to Get Started
In order for an attorney to file your NJ expungement petition, specific information about the offense such as summons or complaint number, arresting agency, criminal charge and corresponding statutory number, arrest date, and disposition in court will need to be obtained. Without this information, the expungement cannot be appropriately filed and, consequently, it will not be granted. Let the experienced attorneys at Clark & Clark guide you in obtaining the necessary information for the filing of your NJ expungement petition. We have the ability to research your previous record to ensure that the petition for expungement is accurate. Often times, there is information on a clients criminal history that they did not even know existed or that they believed was never memorialized in a record.
Remember an arrest for any crime absent a conviction may be expunged. Not everyone who has been convicted of a crime in New Jersey, however, qualifies for an expungement in NJ. We would be happy to provide a free consultation to see if you qualify for a NJ expungement. Call us today at 732-303-7857.
Contact Clark & Clark LLC for a free consultation with an experienced criminal trial lawyer in Freehold, New Jersey. We offer aggressive advocacy focused on obtaining positive results for you.