An arrest or criminal record in New Jersey can follow you for the rest of your life, affecting your ability to secure housing, employment, financial services, or educational opportunities. Fortunately, New Jersey allows people to effectively erase their criminal records under certain circumstances – provided they meet the eligibility requirements and follow specific court procedures.
Expungement is complicated, and the stakes are high, which is why you should not attempt it alone. A New Jersey expungement lawyer from the Law Office of Jason A. Volet can help determine whether you can seek expungement and guide you through the process.
Hiring legal counsel to assist with your expungement application can help you avoid unnecessary delays or denials of your application due to mistakes. Don’t put your future at risk. Instead, contact the Law Office of Jason A. Volet at (732) 863-5050 for a free initial case review with a New Jersey expungement attorney to discuss your options for a fresh start after an arrest or conviction.
What Is Expungement?
New Jersey law allows specific criminal offenders to expunge their criminal records. An expungement can give a person arrested or convicted of a crime a clean slate and a second chance without the baggage of a criminal record.
In New Jersey, expungement does not delete or destroy criminal records. Instead, it removes criminal records from public access. Expunged records should not appear in background checks for employment, housing, or other applications, except for jobs in law enforcement, corrections, or the judicial branch.
Someone who expunges their criminal record gains the legal right to deny that the expunged arrest or conviction occurred when applying for most employment, housing, education, or licenses. However, the record is still available in limited circumstances, such as for law enforcement, the courts, or the Department of Corrections.
Although expungement gives arrestees and criminal offenders a clean slate, New Jersey does not automatically grant expungement in most cases. Instead, individuals with criminal records must request the expungement of those records. State law also sets eligibility requirements and restrictions for obtaining expungement.
How Can a New Jersey Expungement Attorney Fight for You to Get a Fresh Start?
The process of filing for expungement in New Jersey isn’t simply a matter of submitting paperwork and waiting for a judge to rubber-stamp it. It involves numerous overlapping laws, strict eligibility rules, and administrative hurdles that can derail a petition at any stage.
Criminal defense lawyer Jason A. Volet of the Law Office of Jason A. Volet takes a thorough, hands-on approach to every expungement case we handle. We don’t want you to miss opportunities or walk away empty-handed after doing everything right. The following is what seeking an expungement with our law firm looks like in practice.
Conducting a Comprehensive Criminal History Audit
Before Jason files any expungement paperwork on your behalf, he will pull and review your complete Criminal History Record Information (CHRI, which is your full “rap sheet”) to ensure he has an accurate and complete picture of your record. The CHRI isn’t just a quick scan. Jason will look for such details as the following:
- Out-of-state arrests and federal charges – Even if a charge occurred in another state or in federal court, it can affect your eligibility for a New Jersey expungement. Jason can identify any such records early on, so they don’t catch you off guard.
- Dismissed charges, conditional discharges, and PTI completions – A charge that was dismissed or resolved through Pre-Trial Intervention (PTI) will still appear on your record and must be accurately listed on your petition.
- Municipal ordinance violations and juvenile matters – These cases often get overlooked, but they count. Jason checks municipal court records and juvenile files as part of every audit.
Why does this level of detail matter? If your petition fails to list even a minor, dismissed arrest from 20 years ago, the court may flag it as incomplete or inaccurate. This error would force you to amend your filing and potentially reset your waiting period.
Jason pulls records directly from automated case management systems, municipal courts, and the State Police State Bureau of Identification (SBI) to make sure your petition is complete and accurate before it ever reaches a judge.
Navigating Complex Eligibility Scenarios and the “Clean Slate” Law
New Jersey’s expungement laws can and do change over time. The complex intersection of traditional expungements, Early Pathway petitions, and New Jersey’s Clean Slate law requires careful analysis, and getting it wrong can cost you years. Fortunately, you don’t have to figure it all out alone.
A few types of expungement scenarios that Jason handles regularly include the following:
- The Clean Slate Pathway – This law allows you to clear multiple indictable offenses that would otherwise be permanent bars to expungement. However, the 10-year “clock” doesn’t start until you’ve paid every fine and closed every probation term across all of your offenses. Jason can help you calculate those tracking dates precisely, so you know exactly when you’re eligible.
- The “Single Spree” Exception – If you were convicted of multiple offenses that occurred closely together as part of a single sequence of events, Jason can argue that they should be treated as one conviction for expungement purposes. This exception can save you years of waiting.
- Compelling Circumstances for Early Pathway Petitions – You’ll need more than a basic request if you want to apply before the standard waiting period has expired (for example, after three years instead of five for a disorderly persons offense). You’ll need a persuasive legal brief that demonstrates your rehabilitation, community involvement, and the professional necessity driving your petition. Jason knows how to develop and present that kind of argument.
Preempting and Overcoming Objections from Prosecutors
Prosecutors can and do object to expungement petitions, most often by arguing that the public interest requires your record to be available or that you haven’t met the burden of demonstrating rehabilitation.
Jason doesn’t wait for those kinds of objections to catch you off guard. Before your petition reaches a judge, he’ll have already considered the arguments most likely to arise in your case and prepared responses grounded in your personal history and the applicable New Jersey laws. If a prosecutor does object at the hearing, you’ll have an attorney who has spent nearly 30 years on both sides of the courtroom standing in your corner, ready to push back.
Resolving the ‘Financial Hurdle’ Trap
Outstanding financial obligations are among the most common reasons expungement petitions are delayed or denied, and they often catch people by surprise. If you still owe court costs, restitution, or statutory fines, your waiting period may not have legally started yet. If so, the State Police may reject your final expungement order even if a judge signs it.
When you work with Jason, he will review your outstanding financial obligations as part of the intake process, not as an afterthought. If there are any outstanding balances, he’ll tell you exactly what you owe, how it could affect your expungement timeline, and what options you have before he files.
Managing the Modern Administrative Backlog
A successful expungement is a major milestone, but it isn’t the finish line. After a judge signs your expungement order, the New Jersey State Police Expungement Unit must process it and remove your records from public background check databases. That backend process can take several months.
Jason maintains regular communication with court clerks, so he can track your petition through the eCourts system and confirm that all affected agencies receive proper and prompt service of the signed order. If anything slips through the cracks, Jason will catch it and correct it. You can also monitor your own status through the New Jersey State Police Expungement Status Portal once your order is submitted.
Protecting Your Rights After Expungement
An expungement is a restoration of rights that changes how you can present yourself to the world. Jason can help you understand exactly what those rights entail once a court grants your expungement. For example, you will need to know how to handle the following:
- Standard applications – New Jersey law gives you the explicit legal right to answer “No” under oath when asked whether you’ve ever been arrested or convicted on job applications, loan applications, scholarship forms, and similar inquiries. Jason will walk you through how to exercise that right confidently and correctly.
- Mandatory disclosure exceptions – There are limited situations in which you must still disclose your record even after expungement. These include applying for a position within the judiciary, law enforcement, or corrections, or seeking admission to the New Jersey State Bar. Jason will explain exactly when disclosure is required and when it isn’t, so you’re never caught off guard.
Why Hire the Law Office of Jason Volet for Your Expungement Case?
When you’re trying to put the past behind you, you need an attorney with a deep understanding of the criminal justice system who will be committed to seeking legal relief for you. Jason Volet has nearly 30 years of criminal law experience in New Jersey courts and has handled numerous expungement matters.
He has participated in more than 4,000 criminal cases as both a prosecutor and a defense attorney, which means he knows how the other side thinks and how to build the strongest possible case for you. His former role as an Assistant Prosecutor in Monmouth County gives him an insider’s understanding of the legal process, how prosecutors evaluate expungement petitions, and where they’re most likely to push back.
Jason Volet has been certified by the Supreme Court of New Jersey as a Criminal Trial Attorney, a distinction held by only a small percentage of attorneys in the state. He has also been recognized by Super Lawyers, Avvo, and Martindale-Hubbell for his exceptional work.
Don’t just take our word for it. Jason’s former clients say it best:
“Words can’t explain how much I appreciate the determination and effort Jason VOLET made regarding my case. He got me the best results. I highly recommend him !!”
– Marcus
“The best lawyer anyone could ever ask for! Always answered all my calls always talk me off the ledge and he handles straight business. Well-dressed on point”
“Best best lawyer in the town.. very quick result and best result. Highly recommended to give your case.”
– Nagesh
How Can the Law Office of Jason Volet Help Clients Seeking Expungement in New Jersey?
Jason is an experienced attorney who will handle every aspect of the expungement process so you don’t have to figure out the process alone. When you work with the Law Office of Jason A. Volet, you can expect Jason to do the following:
- Determine eligibility – Start by determining whether you qualify for expungement under New Jersey law, including under traditional pathways, Early Pathway rules, or the Clean Slate statute
- Research your records – Pull and review all of your relevant criminal records and your conviction history to develop an accurate and complete foundation for your petition
- Prepare your petition – Prepare and file the required petition for expungement on your behalf, so it is properly formatted and complete
- Represent you in court – Appear in court on your behalf and present persuasive arguments to the judge responsible for deciding whether to grant your petition
- Maintain ongoing communication – Keep you informed throughout the process, so you always know where your case stands
- Distribute the final order – Make sure that, if the court grants your petition, the signed order reaches all relevant agencies so your records are properly sealed
Get Help from an Experienced New Jersey Expungement Lawyer Today
Getting your criminal record expunged can make a major difference in your life and lead to a brighter future. Let a hard-working, dedicated criminal defense lawyer from The Law Office of Jason A. Volet guide you through the process and help you move ahead to a new chapter in your life. Get started today. Contact us now for a free and confidential consultation about your expungement case with a knowledgeable attorney.
How Can a Criminal Record Affect My Life?
Having an arrest or conviction record can severely limit your opportunities. Many employers, landlords, schools, and financial institutions conduct background checks on people who apply for jobs, housing rentals, academic programs, or loans. Unfortunately, a criminal record that shows up in your background check can reflect badly on you and result in the denial of your applications for employment, housing, or other opportunities – even if an arrest resulted in a dismissal or acquittal.
Some employers may automatically disqualify applicants with specific criminal convictions on their records.
People with criminal records face significant challenges in securing stable housing, education, or career advancement. Expungement can remove the stigma of a criminal record and enable you to move forward after completing your sentence and demonstrating that you can live a law-abiding life. Contact our New Jersey expungement lawyer today.
When May I Petition for Expungement?
Depending on the type and severity of your criminal charges, you may have to wait before you can file a petition to expunge your records. Here are the relevant waiting periods for a variety of circumstances:
| Offense or Conviction | Requirements | Restrictions/Limitations | Waiting Period |
| Arrests | Result in dismissal | None | None |
| Pre-Trial Intervention (PTI) | Complete program | Enter PTI only once | 6 months |
| Conditional Discharge (CD) related to a drug offense | Complete program | Enter CD only once | 6 months |
| Drug possession and certain drug distribution offenses between ages 18 and 21 | Pay fines and complete the prison sentence | Third or fourth-degree crime, less than 5 grams of hashish, less than 1 ounce of marijuana | 1 year |
| Municipal Ordinances | Pay fines and complete the prison sentence | Dependent on the number of prior convictions | 2 years |
| Juvenile offenses | Pay fines and complete the prison sentence | Not a conviction for an adult crime or adjudged a juvenile delinquent | 3 years |
| Disorderly Persons (DP) Offenses | Pay fines and complete the prison sentence | No more than 5 convictions for disorderly persons | 5 years but can apply after 3 years for a compelling reason |
| Indictable felony conviction | Pay fines and complete the prison sentence | Expungement of only 1 felony and no more than 3 disorderly persons convictions | 5 years but can apply after 4 years for a compelling reason |
| More than one indictable conviction | Pay fines and complete the prison sentence | All felony convictions that have closely related circumstances and were committed in a short timeframe as a sequence of events or part of a single judgment conviction | 5 years |
| All other multiple indictable convictions | Pay fines and complete the prison sentence and probation | Offense must be a type that is eligible for expungement | 10 years |
