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Can't Get a Job, Rent an Apartment, or Get on With Your Life Due to a Criminal Record? Wish It Would Go Away? An Expungement May Be the Answer!
Being convicted of a crime in New Jersey can create permanent life changes. Its stigma can prevent you from getting a (better) job, a security clearance, an apartment, or doing contract work for the government. Dreams you once had for your life may well have been put beyond reach. You may well have given up, but hope is not lost. Gloucester County, New Jersey expungement lawyer Steven Richardson may be able to help you get a fresh start.
There May Be Something You Can Do!
The good news is that there may well be something you can do about it! You may not have to give up on your dreams! This is because New Jersey law provides a mechanism whereby you can apply to wipe out (expunge) your record of arrests and certain criminal convictions! Have you:
- Been arrested for something but the charges were dismissed?
- Fulfilled a conditional discharge on a drug offense?
- Had a drug problem, but graduated from Drug Court?
- Been convicted of a disorderly or petty disorderly persons offense like shoplifting or simple assault?
- Been convicted of a local municipal ordinance?
If you answer yes to any of these questions, you owe it to yourself to contact me immediately to have me look at your situation and what can be done!
Having made a mistake in your past doesn't mean that the life you wanted for yourself is lost. You lose if you do not look into a remedy that could get that life back!
How the Expungement Process Works
Here is a brief explanation of what you can expect from the expungement process in New Jersey:
- Eligibility Check: First, determine if you are eligible for expungement. New Jersey law allows for the expungement of certain types of criminal records, including arrests, detentions, and convictions for both indictable offenses and disorderly persons offenses. However, some crimes, like murder, sexual assault, and DUI/DWI, cannot be expunged.
- Waiting Period: There is a mandatory waiting period before you can apply for expungement. Typically you must wait five years after your sentence is served and pay all applicable fines and fees.
- Gathering Your Records: You will need to gather all relevant documents related to your criminal record, including court documents and your criminal history record.
- Filing a Petition for Expungement: You must file a petition for expungement in the county where the arrest or prosecution occurred. The petition should include your personal information, details about your offenses, and a statement that you are eligible for expungement and have not been granted an expungement before.
- Serving the Petition: After filing, you must serve copies of the petition to various entities, such as the county prosecutor, the superintendent of the state police, the attorney general, and the court where the proceedings occurred.
- Hearing: A hearing may be scheduled where a judge will review your case. You may need to present reasons why your record should be expunged. The judge will consider factors like the nature of the offense, your character, and your behavior since the conviction.
- Judge's Decision: If the judge approves your petition, they will issue an Expungement Order. This order is sent to various agencies, directing them to remove records of your offenses from their files.
- Effect of Expungement: Once expunged, your arrest or conviction is considered not to have occurred. You can legally state that you have not been convicted of a crime in most situations. However, expunged records may still be used for certain legal situations, like subsequent criminal prosecutions or immigration proceedings.
The New Jersey Courts website provides additional information about the expungement process.
