When you are arrested or charged with a criminal offense, your main concern is fighting the charges or reducing any potential sentence. However, once your case is resolved and you are free to move forward with your life, there are other concerns that can arise. These include issues with finding employment, obtaining financial aid for college and loans, housing and more. A criminal record can affect these things and restrict your opportunities. That is why expungements in New Jersey are important. The law allows people to get certain arrests and convictions removed from their records if they meet the proper criteria. An expungement lawyer NJ can help you determine if you are eligible for expungement and guide you through the process of clearing your criminal record in NJ.
To be eligible for expungement in New Jersey, you must have completed your sentence, which can be any of the following: probation, parole, home detention, or jail. You must have also paid any resulting fines. In addition, you must have completed at least five years since your arrest or completion of your sentence for disorderly persons offenses and ten years for indictable offenses. Having an expungement lawyer NJ specialized in expungements by your side can help navigate these eligibility criteria effectively.
Once the judge accepts your petition, they will prepare an Expungement Order and serve, or formally deliver, copies to any government agencies that were involved with your case. This includes police departments, courts, and other agencies that hold your records. These agencies are the ones that will need to remove and isolate your records from their databases in the event that your expungement is granted. If you were convicted of an indictable offense, the county prosecutor will also receive a copy and have an opportunity to object. Having an expungement lawyer NJ specialized in expungements can ensure that all necessary steps are taken to serve the Expungement Order correctly.
If no agency objects, the judge will sign the Expungement Order and you are done. If the county prosecutor objects, then a hearing will be held. If you are able to convince the county prosecutor that your expungement should be granted, then they will probably grant it. In such cases, having a skilled expungement lawyer NJ advocating on your behalf can significantly improve your chances of success.
While you should always have a skilled expungement lawyer NJ on your side when dealing with your record, the process of having a record expunged can be complicated and time-consuming. To avoid the delays and problems that often occur when pursuing an expungement, it is best to start the process as soon as you become eligible. You can do this by filing your expungement package in the county court where you were arrested or convicted. This can be done through the eCourts system or manually with your local clerk of court. Then, once your expungement is granted, the judge will send you an Expungement Notice that you must distribute to all of the relevant government agencies in the state of New Jersey. Once they receive the Expungement Notice, those agencies should then remove and isolate your records from their databases in accordance with the Expungement Order. The courts, police departments and other agencies that have your records can then use these documents to verify the facts of your expungement.
New Jersey’s expungement law provides people with the opportunity to clear their criminal record and move forward in life, allowing them to pursue employment, education, housing, licenses, and other opportunities without the stain of a past criminal conviction. But the process is lengthy and complicated, and those with little to no legal experience often face significant obstacles in obtaining expungement. In an attempt to provide more support and ease the burden of the expungement process, the Rutgers University School of Law launched its Expungement Law Project (ELP) in the spring of 2018. Through ELP, students volunteer their time to help low-income individuals navigate the complicated expungement process, offering one-on-one guidance to help these residents clear their records and start fresh. Having an expungement lawyer NJ by your side can greatly assist in understanding and navigating this complex process.
New Jersey expungement laws allow the sealing or deletion of most arrests not resulting in conviction, acquittals, and cases dismissed via deferred adjudication. Under these laws, the State Police is required to adhere to judges’ expungement orders and keep these records private. But a backlog of unprocessed orders persists, and has allowed employers and others conducting background checks to learn about an individual’s criminal history in contravention of the court’s expungement order. This has resulted in job losses, housing denials, and missed professional opportunities for those affected by the delays. Having an expungement lawyer NJ can ensure that all necessary steps are taken to enforce the expungement order and protect individuals from the negative consequences of delays.
Despite a 2015 law granting access to $15 million in taxpayer funds to expedite the process, the state police have yet to fully comply with expungement orders. The backlog of pending expungement requests has been estimated to exceed 50,000 cases. As a result, many people who have had their records expunged continue to have difficulty finding employment and housing, and face the stigma associated with a criminal record. Engaging the services of an experienced expungement lawyer NJ can help individuals navigate through these bureaucratic challenges and expedite the process of clearing their records.
To clear their records, individuals must submit a petition to the Superior Court. New Jersey expungement laws establish that a person must show “compelling circumstances” exist to obtain an expungement. This requires courts to perform a public interest analysis and review an applicant’s character, behavior, and decisions since their conviction to determine whether they are unlikely to re-offend. Having a skilled expungement lawyer NJ advocating on their behalf can significantly improve an individual's chances of demonstrating compelling circumstances and obtaining a favorable outcome.
However, new legislation aims to streamline the process and make it easier for individuals to apply for expungement. The Clean Slate law passed in 2021 creates an expungement task force and identifies categories of cases amenable to an automated expungement system. It also eliminates the current $75 filing fee and allows a reduction in fees for those with financial limitations. In addition, the law removes the requirement that a statement be submitted along with each expungement petition stating that the applicant is not seeking employment within the judicial branch or with a police department and shifts responsibility for collecting post-expungement fines to the Treasurer’s office. Consulting with an expungement lawyer NJ can ensure individuals understand how these legislative changes may impact their expungement process and rights.
In New Jersey, expungement allows individuals who have a criminal record to legally erase any evidence of the crime or arrest from their records. However, the expungement process is complex and requires extensive documentation to be completed. Having an experienced expungement lawyer NJ handle the paperwork is important in order to ensure that all necessary documents are filed correctly. If any mistakes are made, the application may be rejected, which can significantly delay the process. This is why it’s best to hire an expungement lawyer NJ.
The state’s laws dictate which offenses can be expunged and what restrictions, if any, are placed on the process. For example, New Jersey law typically limits the number of indictable crimes and disorderly persons convictions a petitioner can have on their record at any given time. Indictable crimes must be over 10 years old and the petitioner must have completed all terms of their sentence and paid any fines before being eligible for expungement. Additionally, the court will not grant expungement for any felony or misdemeanor convictions that were committed while the person was under the influence of alcohol or drugs. Consulting with an expungement lawyer NJ can provide individuals with valuable insights into their eligibility and guide them through the process effectively.
Once the judge grants a petition for expungement, the courts will send copies of the final order to all agencies that have records relating to the case. These agencies include the New Jersey State Police, the county prosecutor’s office, and sheriff’s department in the county where the offense was committed, and any municipal police departments where an arrest or charges were filed. These agencies must correct their records to reflect the expungement, which may take months. Once the records are corrected, a letter from the New Jersey State Police can be obtained, which is proof that the expungement was successful. Working with an expungement lawyer NJ can ensure that all necessary steps are taken to notify and compel agencies to update their records promptly.
Aside from preventing the offending record or arrest from showing up on any public records, expungement also gives the petitioner the right to deny that an expunged offense ever occurred when asked on employment applications, mortgage applications, credit card applications, financial aid applications, and in many other situations. The exceptions are when applying for certain types of government employment in law enforcement/criminal justice, corrections, or the judiciary, which still require an applicant to disclose any expunged crimes on their record. Understanding the nuances of when disclosure is required can be complex, which is why seeking guidance from an expungement lawyer NJ is advisable.
Having a criminal record can have serious consequences for a person’s life. It can make it more difficult to obtain employment, get a loan or rent an apartment and could even keep a person from coaching their children’s sports teams. A clean record through expungement can allow people to restart their lives with a fresh start and remove any stigma that is associated with a criminal record. An experienced expungement lawyer NJ can help people understand their eligibility for expungement and what steps they need to take in order to have the process completed. Contact an expungement lawyer NJ today for a free, confidential consultation. We will answer your questions and discuss every available course of action for you.
Lustberg Law Offices, LLC
One University Plaza Dr Suite 210, Hackensack, NJ 07601, United States
(201) 880-5311