How to Get Your Criminal Record Expunged in NJ

 Embarking on the journey to clear your criminal record can be an overwhelming experience, but with the right guidance and understanding of the process, it doesn’t have to be. In New Jersey, the expungement process offers a fresh start to those who have paid their debt to society and are eager to move forward. 

Understanding the NJ State Police Expungement Unit

Navigating the complexities of expungement requires a thorough understanding of the NJ State Police Expungement Unit, which plays a pivotal role in this legal process. This specialized unit is responsible for:

·       Processing expungement requests

·       Working closely with the courts to ensure that eligible criminal records are expunged and removed from public view

·       Providing individuals with a clean slate

The NJ State Police Expungement Unit is responsible for reviewing all expungement requests.

The Purpose of the Expungement Unit

The primary objective of the NJ State Police Expungement Unit is to facilitate the processing of expungement petitions and erase criminal convictions or arrests from a person’s record in accordance with New Jersey law. By collaborating with the courts, the Expungement Unit reviews and processes expungement petitions, ensuring only those records that meet eligibility criteria are expunged.

However, certain crimes, such as aggravated sexual assault, are not eligible for expungement in New Jersey. An experienced New Jersey expungement lawyer can assist the applicant in navigating the expungement process and in accordance with New Jersey’s procedure.

How the Expungement Unit Works with the Courts

The Expungement Unit maintains a strong relationship with the courts to provide a seamless expungement process. They perform the following tasks:

·       File petitions for expungement on behalf of the applicant

·       Liaise with the courts to arrange hearings

·       Provide information on the progress of the expungement process, including expungement eligibility.

The Expungement Unit assesses the applicant’s criminal record to determine if they satisfy the eligibility criteria for expungement, including cases with multiple indictable convictions. In the event of potential objections or hearings, the court may raise issues that must be addressed before granting the expungement, and an experienced expungement attorney can provide invaluable assistance during this process.

Eligibility Criteria for Expungement in New Jersey

Determining eligibility for expungement in New Jersey depends on various factors, such as the type and number of offenses committed, and the timeframe since the completion of the sentence. New Jersey offers different types of expungements, including regular or traditional expungements, clean slate expungements, drug court expungements, and expungements for crime sprees.

Indictable Offenses

When it comes to indictable offenses, which are more serious criminal offenses punishable by a prison sentence of over six months and tried in the Superior Court, eligibility for expungement in New Jersey hinges on several factors. To qualify for expungement of indictable offenses, the applicant must satisfy certain conditions. They must have completed a court-ordered drug or rehabilitation program and not have any criminal conviction of non-expungeable crimes or disorderly persons or indictable offenses during or after completing the probation program.

The waiting period for expungement of indictable offenses in New Jersey is five years from the most recent offense or violation. However, it’s important to note that only one indictable conviction is eligible for expungement in New Jersey. For those with multiple indictable convictions, the Clean Slate legislation may offer an alternative route, enabling the simultaneous expungement of multiple convictions after ten years have elapsed from the completion of their most recent conviction’s sentence.

Disorderly Persons Offenses

Disorderly persons offenses are less serious criminal offenses that require a shorter waiting period for expungement eligibility. New Jersey offers a “clean slate” expungement for individuals with multiple convictions, which allows for the expungement of their entire record after 10 years, without any restriction on the number of indictable or disorderly persons convictions that can be expunged.

The waiting period for expungement of disorderly persons offenses varies depending on the type of offense and the number of offenses. Here are some examples:

·       Juvenile records: 3 years

·       Drug offenses committed by young offenders under 21: 1 year

·       Minor marijuana-related offenses: immediate, but may take up to 3 years for more serious offenses, such as distribution of more than one ounce of marijuana.

It’s possible to expunge up to three disorderly persons offenses or petty disorderly persons offenses in New Jersey.

How to Apply for Expungement 

Applying for expungement in New Jersey involves the following steps:

1.    Prepare an expungement petition.

2.    Submit the petition to the NJ State Police Expungement Unit.

3.    Follow the necessary procedures and requirements 

It’s essential to be well-informed about these steps to ensure a successful outcome.

In the next sections, we’ll discuss the process of preparing and submitting the expungement petition, as well as what to expect after submission.

Preparing the Expungement Petition

The first step in preparing the expungement petition is to gather the necessary information about your criminal record. You can obtain a copy of your criminal record in New Jersey by filling out a form with the New Jersey State Police and following their procedures for being fingerprinted. Once you have collected all relevant information, you can begin completing the required forms for the expungement petition.

Accuracy is crucial during this process, as any errors or omissions may result in delays or denials of your expungement. To ensure the accuracy of the required forms, it’s essential to double-check all information and consult with an experienced attorney if needed. A knowledgeable New Jersey expungement lawyer can provide invaluable assistance in preparing a precise petition and addressing any potential issues that may arise during the expungement process.

Submitting the Expungement Petition

Submitting the expungement petition can be done through the online eCourts Expungement System or with the help of an attorney. The e-filing system is a convenient way to electronically submit expungement forms to the court and distribute electronic copies to applicable government entities. 

Consulting with an experienced New Jersey expungement lawyer can help ensure your eligibility and guide you through the process.

What Happens After Submitting Your Expungement Petition?

After submitting your expungement petition, it’s essential to understand what comes next. Your petition will be reviewed by the Expungement Unit, and you may encounter potential objections or hearings during the process.

Review by the Expungement Unit

Once your expungement petition is submitted, the Expungement Unit will review it to ensure eligibility and compliance with New Jersey expungement laws. This review process is crucial, as it ensures that only those who meet the necessary criteria will have their criminal records expunged. If your petition is approved, you will receive a signed order via mail confirming the court’s clearing of your record, which must be presented to the applicable government agencies to expunge the conviction from public criminal records.

In some cases, the prosecutor may raise objections during the review process, often based on concerns about eligibility. If this occurs, it’s essential to be prepared to present convincing legal arguments to the judge in order to demonstrate your eligibility for expungement. An experienced New Jersey expungement lawyer can provide invaluable support during this process, helping you navigate any potential obstacles and ensure a successful outcome.

Potential Objections and Hearings

If there are objections from the prosecutor or the court during the review process, a hearing may be required to resolve any issues before expungement can be granted. Common reasons for objections include concerns about the petitioner’s eligibility for expungement. In such cases, the petitioner will need to demonstrate their eligibility to the judge during the hearing, and if successful, the judge grants the expungement.

Having an experienced expungement attorney on your side during this process can make a significant difference in the outcome. They can help you address potential objections, represent you in hearings, and ensure that your expungement petition is as strong as possible.

By enlisting the assistance of a skilled New Jersey expungement lawyer, you can greatly increase your chances of success in navigating the complex expungement process.

The Benefits of a Successful Expungement

A successful expungement in New Jersey offers numerous benefits that can have a profound impact on your life. By removing criminal records from public view, you can enjoy a clean slate and the ability to legally deny the existence of the expunged record. This can open doors to new job opportunities, educational pursuits, and even restore certain civil rights.

However, it’s important to note that there are some exceptions to expungement in New Jersey. Expunged records may still be accessed in criminal proceedings, job applications in law enforcement, corrections, or with the courts, as well as by agencies not affiliated with law enforcement.

Despite these exceptions, the benefits of a successful expungement are well worth pursuing, as it can provide a fresh start and a renewed sense of freedom.

The Role of an Experienced Expungement Attorney

Navigating the complex expungement process can be challenging, but an experienced expungement attorney can provide invaluable assistance every step of the way. By ensuring accurate petition preparation, addressing potential objections, and representing clients in hearings if necessary, a skilled New Jersey expungement lawyer can help streamline the process and increase your chances of a successful outcome.

Attempting to file for an expungement without the guidance of a competent attorney is not advisable, as even minor errors or omissions can result in delays or denials of your expungement. By enlisting the help of Gina M Wicik New Jersey expungement lawyer, you can rest assured that your expungement petition is in good hands. Call for free consultation 516-253-4278 or fill out our contact form .