Expungement Attorney in New Jersey
The consequences of a criminal conviction can last a lifetime. However, state law allows convicted felons an opportunity to remove their criminal records under specific circumstances. Expungement provides a clean slate so the crime doesn’t follow someone for the rest of their life; ruining job opportunities, the ability to secure housing, and other aspects of their life.
At the Law Office of Jason A. Volet, we have over 15 years of experience representing clients in criminal cases. To learn more about how we can help you expunge your record, call or contact us online for a free consultation with a New Jersey expungement lawyer.
Contents
- 1 What Is Expungement?
- 2 What Are the Qualifications for Having My Record Expunged?
- 3 Is There a Waiting Period for Having My Criminal Record Expunged?
- 4 Do I Need a Lawyer for Expungement?
- 5 Expungement Waiting Periods in New Jersey
- 6 Frequently Asked Questions About Expungements in New Jersey
- 7 What Are Special Expungements?
- 8 What Is the New Jersey Clean Slate Law?
- 9 Contact a New Jersey Expungement Lawyer
If you feel that you or a loved one may be eligible to start the expungement process, contact our knowledgeable expungement legal team today to schedule a free case consultation.
What Is Expungement?
Expungement is the process of impounding, removing, isolating, or sealing all records maintained by law enforcement, courts, criminal justice agencies, or detention or correctional facilities. The process deletes information such as the:
- Arrest
- Court proceedings related to the case
- Conviction
- The result of the case, including the sentence
What Are the Qualifications for Having My Record Expunged?
The qualifications for expungement in New Jersey will depend on the crime committed, how long it has been since the conviction, and how many offenses are on record. Someone eligible for expungement can typically remove one indictable offense and up to three disorderly persons and petty disorderly persons offenses from their criminal record. Contact our New Jersey expungement lawyer today.
However, some types of convictions do not qualify for expungement, including:
- Homicide
- Kidnapping
- Human trafficking
- Sexual assault and aggravated sexual assault
- Aggravated criminal sexual contact
- Robbery
- Arson
- Endangering the welfare of a child by engaging in sexual conduct
- Possession, production, or distribution of child pornography
- Perjury
- Terrorism
- Producing or possessing chemical weapons, biological agents, or nuclear or radiological devices
Is There a Waiting Period for Having My Criminal Record Expunged?
You must go through a waiting period before filing a request to have your record expunged. In most cases, you must wait at least five years after serving your sentence. You must also pay all fines and fees before you can expunge the charges. However, the court could immediately expunge an arrest that does not result in a conviction. Our New Jersey expungement attorney can help.
Do I Need a Lawyer for Expungement?
You may have heard that you don’t need an NJ expungement attorney for an expungement. Although that is technically true, the New Jersey Courts actually recommend that you hire a lawyer to help you navigate the complicated expungement process.
That’s because there are so many small details and so much paperwork involved, and it’s easy to make a mistake that will cost you time ─ and ultimately money if that expungement is what is standing between you and a new job.
When you trust your case to our experienced New Jersey expungement attorney, we will:
- Immediately review your situation to determine whether you are eligible for expungement.
- Quickly gather and file all the necessary paperwork, including the order for expungement, the verified petition signed by you, and copies of judgment of convictions or dispositions.
- Work to get your court date set and have your order for expungement signed.
- Contact all the agencies that need to adjust their records to ensure your paperwork is in order and you are ready to move forward when the expungement is complete.
The first step in the expungement process should be to schedule a free consultation with our experienced New Jersey criminal defense lawyer. After all, you have nothing to lose and everything to gain.
Call or fill out our online contact form to get started today. Our consultations are confidential, and there is no obligation for you.
Expungement Waiting Periods in New Jersey
The timeframe you must wait before requesting an expungement depends on the offense or conviction. The offense or conviction must meet specific requirements, and some limitations or restrictions may accompany the expungement.
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 25 grams 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 five convictions for disorderly persons | 5 years but can apply after 4 years for a compelling reason |
Indictable felony conviction | Pay fines and complete the prison sentence | Expungement of only one felony and no more than three 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 |
Frequently Asked Questions About Expungements in New Jersey
Do I Need to Go to Court for the Expungement Process?
You may have to go to court during the expungement process, but it depends. Your lawyer can appear in court if a hearing is required. Your attendance is only mandatory if the judge specifically requires it.
If I Have Completed a Pre-Trial Intervention Program, Can I Get an Expungement?
If you have already completed a pre-trial intervention program, you can request to remove a felony or disorderly person’s conviction after waiting six months.
How Much Does It Cost to Have a Record Expunged in New Jersey?
You must pay a fee to file the petition for expungement. The cost could be higher if you hire a criminal defense lawyer because you’ll have to pay your attorney and other legal fees. However, the court system can be confusing, so the New Jersey Judiciary recommends getting an attorney.
How Long Does the New Jersey Expungement Process Take?
There is no way to predict how long your expungement case will take. The process varies depending on whether the prosecutor objects to your petition, the crime you committed, and other factors. However, sealing a record can take as long as a year.
What Happens Once My Record Has Been Expunged?
The general public can’t see your criminal record if you successfully expunge it. You’re not legally obligated to inform someone of your previous arrests or convictions, even if they ask about your criminal history.
Is It Possible for My Record to Be Seen After It Has Been Expunged?
Although no one can search for your expunged record, specific entities can access the information related to the criminal conviction or arrest. A background check won’t show prior convictions, arrests, or charges. However, a potential employer could view your expunged record if you apply for a law enforcement or corrections position.
What Are Special Expungements?
You can file a petition for a special expungement under specific circumstances. It is an expedited process of removing someone’s criminal history from their records.
You can request a special expungement if:
- The case resulted in a dismissal.
- The verdict was not guilty.
- You completed conditional discharge, drug court, or a diversionary program.
What Is the New Jersey Clean Slate Law?
The clean slate law allows people to expunge their records 10 years after their last conviction. There is no limit to the number of qualifying offenses that can be expunged with the clean slate law. However, you must meet the requirements of your sentence before filing your petition. That means serving your prison sentence, paying fines, completing probation, and other conditions. The 10 years begins once these conditions have been completed.
Contact a New Jersey Expungement Lawyer
Getting a criminal record expunged is complicated. Not every offense is eligible for expungement. You must also follow a specific legal process. Any mistake can delay the process or even require you to start from the beginning. You should not proceed with your expungement without hiring an experienced New Jersey expungement lawyer from the Law Office of Jason A. Volet.
If you were convicted of a crime in New Jersey, contact the Law Office of Jason A. Volet to determine whether you are eligible for expungement. We will protect your rights and aggressively pursue the expungement you deserve. You can count on our legal team to help you seek a fresh start so your arrest or conviction doesn’t continue affecting your life. Call or reach out online today for a free consultation to remove your criminal record in New Jersey.