Expungements

Face it,
these days everyone is conducting criminal background checks when you are applying
for a job, seeking a promotion or during the normal course of employment. That
“dumb move” that you did a while ago, simply will not go away. Your
arrest or conviction are easily available for everyone to see in this computer age
and certainly can have a negative impact on your reputation. However, after a
“waiting period,” for many offenses, you may have the ability to have
this “cleared,” isolated, “erased” or expunged from your
record. Regardless of how you characterize an expungement, I know that you are
looking to have these negative things “removed” from your record and
out of the public eye.

What is an expungement?

An expungement is the legal process of “clearing” your criminal record
by having negative things that occurred in your past isolated so that they will not
be “discovered” during routine criminal background checks. Many of the
more common criminal offenses, or disorderly person’s offenses, can be
expunged such as: theft, shoplifting, drug possession charges, many of the
disorderly persons offenses, township ordinances and arrests. In fact, even some
more serious charges, such as, indictable charges and “felonies,” can
be expunged from your record. Understandably, this does not include all
“felony” charges. Arrests and criminal convictions must meet certain
guidelines in order for your expungement to be successful. In every case, for an
individual seeking an expungement, they must not be on probation, be serving a
sentence or have any new criminal charges pending against them.

I
Can help you “erase” or expunge your arrest or criminal conviction.

I have successfully represented people in Middlesex County, Mercer County, Monmouth
County and Somerset County in expunging records for a variety of criminal matters.
Ultimately, I know that when you are completing a job application or are asked if
you have ever been convicted of anything, you want to answer “no.” You
are also looking to make sure that the negative things in your past, do not show up
on a criminal background search. You should note that these criminal record do not
magically disappear, rather, they are “isolated” and sent to a special
facility for expunged records. There are however, very limited exceptional
situations under which an expunged record can be retrieved, but this is rare and
normally requires a court order or statutory authorization to do so. In the vast
majority of situations once an expungement has been granted, it is isolated and/or
“erased” from the general public’s view.

Are
you eligible to “clear” your criminal record in New Jersey?

For each offense, there are “waiting periods” before a person is legally
eligible to file for an expungement. This waiting period are listed below.

• For a Criminal Matters, such as an Indictable Crime
  or a Felony, there is ordinarily a ten year waiting period.
  The Courts however would consider an application after five years, if there is
  a showing that granting the expungement is in the public interest. The court
  refers to this as an “early pathway.”
• For all Disorderly Persons Offenses or Misdemeanors, there
  is a five year waiting period.
• For all Petty Disorderly Persons Offenses or Misdemeanors,
  there is a five year waiting period.
• For Juvenile Adjudications, there is a five year waiting
  period, or a period for an equivalent offense, if committed by an adult,
  whichever is less.
• For a Municipal Ordinance or Township Ordinance, there is a
  two year waiting period.
• For Young Drug Offender Matters (21 years of age or younger
  when the offense was committed), there is a one year waiting period.
• For a dismissal following the successful completion of a Diversionary
  Program, Pre-Trial Intervention (PTI), Conditional Discharge or Conditional
  Dismissal, there is a six month waiting period.
• If a matter has been Dismissed or if there has been a Not
  Guilty finding, there is no waiting period and these matters can
  be expunged immediately. This also includes matters where
  there was only an Arrest without any criminal prosecution.
• For not guilty findings, by reason of insanity or not guilty findings for lack
  of mental capacity, these matters cannot be expunged.
• For Final Restraining Orders relating to Domestic Violence matters, these
  records cannot be expunged as restraining orders are considered civil in
  nature.

Since I offer FREE consultations on
ALL matters, I am here ready to fight for you to help you “clear” your
record and your name. I am willing to give your matter the time and attention that
you deserve.

Call (732) 321-9100 today for a FREE
consultation.