While it is not necessary that you hire a lawyer in order to get your criminal record cleared, it may still be in your best interest to retain one.
The first step to removing your criminal record is to find out what, if anything, is showing up on your criminal background. If you suspect a criminal record is holding you back from jobs or other opportunities we recommend visiting our partner, BackgroundChecks.com, where you can get your complete criminal history for a very low price.
Expunging New Jersey criminal case requires filing a petition asking the judge to expunge the records relating to the arrest and court case. You file the petition in the superior court in the county where the arrest or conviction occurred.
Do not waste your money, give your confidential information, or blow what may be your only chance to clear your record by using anyone other than a licensed attorney. We have compiled a list of non-attorney websites you should avoid at all cost. Make sure you visit our page on avoiding scams before paying anyone.
The fee that Expungement Lawyers in New Jersey™ charge for expungement processing ranges from $1,285.00 including expenses to $3,985.00 plus expenses. In most instances, the fee is $1,485.00.
An eligible person must prepare and file a Petition for Expungement. The Petition for Expungement must be filed in the Superior Court in the county where the arrest or prosecution took place. A judge then decides whether the person should be granted an Expungement Order.
Does it cost to file for an expungement? Yes. In New Jersey, filing a petition for expungement carries a $75 filing fee.
You can expunge no more than one indictable conviction and up to three disorderly persons offenses or petty disorderly persons offenses. The court can order an immediate expungement if a case is dismissed or the defendant is acquitted and found not guilty on all counts.
You can apply to have your criminal record expunged when: a period of 10 years has passed after the date of the conviction for that offence. you have not been convicted and sentenced to a period of imprisonment without the option of a fine during those 10 years.
approximately eight to twelve monthsCurrently, the entire New Jersey expungement process takes approximately eight to twelve months to complete – although it could take more or less time, depending on your case. At Katherine O'Brien Law, we understand that time is of the essence for most of our expungement clients.
Free Expungement Assistance for Low Income IndividualsNew Jersey Office of the Public Defender (NJOPD) ... Legal Services of New Jersey (LSNJ) ... New Jersey County Bar Associations. ... Northeast New Jersey Legal Services (NNJLS) ... New Jersey Institute for Social Justice. ... NJ Expungement Forms.
Pursuant to N.J.S.A. 2C:52-30, “Except as otherwise provided in this chapter, any person who reveals to another the existence of an arrest, conviction or related legal proceeding with knowledge that the records and information pertaining thereto have been expunged or sealed is a disorderly person.
The problem is that a misdemeanor conviction goes on your record and doesn't go away on its own. In the majority of states, you have to wait for a certain period of time before you can expunge it. For example, in New Jersey, you have to wait five years before you can get your misdemeanor record cleaned up.
The following crimes cannot be expunged in New Jersey:Any Criminal Homicide (Murder) (N.J.S.A. 2C:11-1, et seq.) ... Kidnapping and Related Offenses.Sexual Offenses.Robbery (N.J.S.A. 2C:15-1)Arson & Related Offenses (N.J.S.A. 2C:17-1)Endangering the Welfare of Children.More items...
If the person was 18 years of age or older at the time of the offense (i.e. legally considered to be an adult), then the conviction will be expunged from their record 11 years after the conviction date (not the offense date).
one felony convictionUnder the current expungement law in New Jersey, an individual can only expunge one felony conviction. The new law, however, allows for the expungement of more than one felony conviction if: The felony convictions are listed in a single judgment of conviction; or.
No criminal background checks will be conducted until there is a conditional offer of employment, and then there is a restricted “look back” period for various types of criminal offenses, ranging from five to eight years.
Essentially, the 7-year rule states that all civil suits, civil judgments, arrest records, and paid tax liens can't be reported in a background investigation (or other consumer report) after 7 years.
The problem is that a misdemeanor conviction goes on your record and doesn't go away on its own. In the majority of states, you have to wait for a certain period of time before you can expunge it. For example, in New Jersey, you have to wait five years before you can get your misdemeanor record cleaned up.
Yes, New Jersey arrest records are public, according to the state's Open Public Records Act. New Jersey law enforcement generates state public arrest records and makes them available to anyone interested in an arrest search. Individuals looking for free arrest records may look to online third-party record alternatives.
An expungement, also known as an expunction, allows you to have your arrest records, court records, incarceration records, and background check entries separated from your personal records and hidden from view by members of the public, employers, background checks, and many others.
Requirements for expungement vary depending on the crime committed and whether a person was convicted or received deferred adjudication. Those who were not convicted of a crime may petition for an expungement under either of the following circumstances:
While an expungement can do wonders for a person’s future, they are in no way guaranteed and are difficult to achieve without the assistance of a trained attorney.
Most individuals who have a “township ordinance” conviction on their criminal history have most likely received the benefit of a downgraded disorderly persons charge (misdemeanor). It is rare that an individual is actually charged with a township ordinances, especially in Mercer County.
In New Jersey, when and even if, an individual is able to expunge there criminal record, it will depend on what section of the statute they fall under. NJSA 2C:52 is the governing statute in New Jersey for all expungements. NJSA 2C:52-4 is the section of the statute that covers expunging township ordinances. It states in pertinent part that:
Expunging your criminal history is just as important as defending the original charges. All too often individuals forget about the expungement process and it tends to pop up at the most inopportune time, ie applying for a job or seeking a promotion etc. The problem becomes that expungements take at the very minimum three months to perfect.
Being a convicted felon in New Jersey can be difficult. It can make obtaining meaningful employment or maintaining professional license near impossible.
N.J.S.A. 2C:52-2 is the governing statute in New Jersey when it comes to expunging indictable offenses. Felony offenses in New Jersey are referred to as indictable offense. As you will see below, there are certain requirements that must first be satisfied before a Defendant can successfully be expunge their felony record in New Jersey.
As you can see from reading above, there are a lot of various different rules and conditions that must be met before a Defendant can petition the courts to expunge their felony conviction.
Is it really possible to clear your criminal record after an arrest? The answer may come as a surprise, but it’s a definitive yes in New Jersey. Some crimes are not ever eligible to get expunged including:
The expungement process can be taken care of within a matter of weeks during this pandemic. Often, the process can take several months, but the pandemic has forced most courtrooms to avoid trials. That means they’ll have a lot more time to focus on issues like expungement requests.
Were you arrested or charged with a crime in New Jersey? The consequences of a conviction could be severe, leaving you with a permanent criminal record and possibly even sending you to jail. That is why you need to speak with a qualified criminal law attorney as soon as possible about your case who can help you with expungements.
A criminal record can be cleared in one of two ways: either by having the record sealed or getting the crimes expunged. The difference between the two is that the former closes off the record from public access, whereas the latter makes it seem as if the conviction or arrest never existed.
A criminal record is a report that contains any prior charges and convictions that a person may have received. When someone is said to “have a criminal record ”, it usually means that they have been convicted of some sort of crime and the record of that crime can be found by conducting a public records search.
Again, while it will depend on the circumstances and the laws of a state, the types of crimes that can usually be expunged from a criminal record include nonviolent crimes ( e.g., misdemeanors), some lesser felonies, when the defendant is a first-time offender, and if the defendant was wrongfully convicted.
Having a criminal record can have a serious impact on a person’s life. It can prevent them from getting a job, renting an apartment, obtaining custody of their child, or taking other actions. Thus, many people will attempt to have their criminal record cleared.
One advantage to having a record sealed is that it will no longer be available to the general public for viewing. Thus, people like employers will not be able to access the record through an ordinary public record search. Another scenario where record sealing is useful is when a person is charged as a juvenile.
Additionally, there are also certain situational elements that a court may look at when analyzing whether a person is entitled to clearance like whether the person is a first time or repeat offender, or how much time has passed since they were convicted of the crime.
When a record is only sealed, it means that the record is still in existence somewhere and can be accessed by people with certain credentials, such as parole officers or prosecutors. If these parties do not have immediate access to the records, then they can request access through a court order.
The expungement lawyers are separated by which state they work in and they are all top rated attorneys with excellent results at removing criminal records. If you are serious about removing your criminal record make sure you find a real attorney to handle your case.
What is Criminal Record Expungement or Record Sealing? Expungement or record sealing is the process of requesting that the courts and/or law enforcement agencies modify, seal or destroy criminal records. The definition, benefits and requirements of expungement or record sealing varies by state. In many instances when a record is expunged ...
Most states offer this relief because it is good public policy to allow deserving people to fully contribute in society. Take a free record clearing eligibility test to find out what service you may qualify for. Many states have minimum eligibility requirements before a record can be expunged or sealed.
The definition, benefits and requirements of expungement or record sealing varies by state. In many instances when a record is expunged or sealed, it cannot be viewed by the public and the applicant does not have to disclose any past criminal activity. Most states offer this relief because it is good public policy to allow deserving people ...