New Jersey Expungement Process

A criminal conviction on your permanent record can limit your ability to own a gun, find employment and housing, and live your life on your own terms. However, certain convictions can be expunged from your public record, giving you a clean slate and restoring your freedoms.

The legal details of the expungement process can be complicated, and even an honest mistake can lead to a rejected application. Instead of trying to do it yourself, let an experienced expungement attorney handle the process for you. Do not hesitate to contact The Law Office of Jason O. Volet to speak with an experienced New Jersey expungement lawyer.

To learn more in a video presentation by Jason A. Volet, see Can I Get My Prior Record Expunged in New Jersey?

What Is Expungement?

New Jersey allows individuals to petition the court to extract and isolate certain criminal convictions from their public record. Although the court does not destroy the record, the information is stored separately, so it cannot be accessed through background checks by potential employers, landlords, and most other parties. Expunged records can include fingerprints, rap sheets, photos, warrants, complaints, and other records relating to an arrest or conviction.

In 2019, the state began overhauling its expungement laws and now offers several different tracks for expungement, depending on the underlying records in question. 

What Are the Steps of The Expungement Process?

You should work with an attorney to make sure your case meets the requirements for expungement before you begin the process. The New Jersey Courts may require a waiting period of up to five years from the time of conviction, depending on the nature of the crime and other factors. You must also complete incarceration, probation, or parole by the time you apply for expungement. You may need to pay any fines you were assessed, although in some cases, expungement may be granted even with outstanding fines.

The state offers several types of expungements, each with its own particular requirements. They are:

• Regular expungements, which will expunge certain indictable and disorderly persons offenses, violations of municipal ordinances, and dismissed charges after the necessary waiting period.
• Expedited expungements, which can be effective immediately if a case is dismissed or the defendant is found not guilty or acquitted.
• Marijuana expungements, which will automatically expunge many marijuana- and hashish-related crimes.
• Clean slate expungements, also known as “Cunningham Cleansers,” which allow for the expungement of entire records after 10 years have passed since the last conviction. Applicants must also complete probation or parole and pay all fines.

The expungement process is complicated, even with the new tools implemented over the last several years. There are many opportunities to make a mistake. The best course of action is to work with an experienced attorney. The Law Office of Jason O. Volet can help with your case to avoid potentially time-consuming errors. In fact, the New Jersey Courts recommend working with a lawyer to help with the complex expungement process.

How Long Does the Expungement Process Take in New Jersey?

The expungement process can vary in length depending on a few factors. A request backlog has pushed the timeline to about two years. If you are considering applying for expungement, discuss your case with an experienced criminal defense attorney at The Law Office of Jason O. Volet. Depending on the circumstances, we may be able to expedite the process.

Is There Any Way to Speed Up the Expungement Process?

First, you should understand the waiting period you must complete to be eligible for expungement in your specific case. You may be eligible sooner than you realize. Although most convictions require a five-year waiting period, it is sometimes possible to file for expungement after four years. The law now allows the court to immediately expunge many offenses that involved marijuana or hashish, for example.

Most of the time spent in the expungement process involves waiting for paperwork to be processed. Although you cannot do much to shorten the waiting time, filling out the forms correctly and meeting all deadlines can prevent any unnecessary delays. Talk to a lawyer at The Law Office of Jason O. Volet to find out more about your specific case and the legal options you may have.

What Are the Benefits of an Expungement?

You likely have already experienced the challenges created by a criminal record. You may struggle to find stable employment and a place to live. Your rights to gun ownership and opportunities for immigration may be compromised. It may even affect your relationships.

It is not fair that you must struggle with these challenges because of a mistake you made years ago. An expungement can open doors to new opportunities and allow you to move forward with your life.

Do I Have to Appear in Court for an Expungement Hearing?

Each county has its own policies regarding expungement hearings. Your appearance may or may not be required. You might need to appear in court to answer questions and submit further information about your case.

Contact a New Jersey Expungement Counselor

Expungement can be a big step in moving forward with your life after a criminal conviction, and a skilled attorney from The Law Office of Jason O. Volet can help. New Jersey has specific eligibility criteria for expungement that can be confusing. An experienced lawyer can determine your eligibility and handle the process from start to finish.

Jason Volet is an experienced expungement practitioner with over 15 years of experience in criminal law, including working as a prosecutor in Monmouth County. He strongly believes people should have a shot at a fresh start once their case is over.

Jason Volet is deeply loyal to his clients and works hard to pursue favorable outcomes for each of them. Contact The Law Office of Jason O. Volet today for a free consultation to get answers to your questions and begin the expungement process.