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A Guide to Expungement Law in NJ

New Jersey expungement is an opportunity for a fresh start for those who qualify. Many people struggle with the effects of petty crimes, arrests that did not result in charges, or old convictions that are held against them when trying to get employment or a professional license. This is often because they cannot explain the record to potential employers, or are blocked from certain opportunities by policy and prejudice. Legal professionals specializing in expungements can help individuals with their records and provide guidance on clearing them through the expungement process. This article will discuss the process and costs of expungement, and how it can benefit an individual’s career, education, personal life, and more. Seeking assistance from an expungement lawyer NJ can provide valuable support and guidance throughout the expungement process.

The first step in the expungement process is determining eligibility. Using New Jersey’s e-filing system without ensuring that you are eligible to file will waste time and money. If the prosecutor decides that you are not eligible to have your record expunged, they will object to the petition and the entire expungement process will likely be thrown out. Having an experienced expungement lawyer NJ can help individuals accurately assess their eligibility and avoid unnecessary delays and complications.

To determine your eligibility to have your record expunged, you must obtain a copy of your criminal record. This will list the offenses that are on your record, and it is essential to ensure that this information is accurate. It should also include the date that you finished your sentence (which includes release from incarceration, completion of probation/parole, and payment of any fines) for the most recent offense. Additionally, you must be at least eighteen years old to have your felony conviction expunged. If you were found guilty of a third or fourth degree crime, you may be eligible for early expungement, but the court must find that “compelling circumstances” exist to grant this expungement. An experienced expungement lawyer NJ can assist individuals in gathering the necessary documentation and evidence to support their petition for expungement.

If you were convicted of a disorderly persons or petty disorderly persons offense, you can have these expunged after six years, and the court can also order an immediate expungement of your record in cases where a case was dismissed or a defendant was acquitted and found not guilty. The law governing these expungements can be complex, and it is important to consult with an experienced attorney. A knowledgeable expungement lawyer NJ can provide individuals with the legal guidance needed to navigate the complexities of New Jersey's expungement laws.

The Clean Slate law has changed the way that records of qualifying offenses are handled. The new law will automatically clear the records of some individuals who qualify for an expungement, and it will make the process easier for others. While there are still some details to be worked out, this change offers a second chance to those who need it most. For those who have been struggling to overcome a past criminal conviction, this new opportunity is one that legal professionals specializing in expungements are proud to support. For more information about the law and how it can benefit you, contact a lawyer today. They look forward to hearing from you. Working with an expungement lawyer NJ can ensure individuals understand how these legislative changes may impact their expungement process and rights. 

How New Jersey Expungement Law Can Help You

Getting arrested or convicted of a criminal offense can have lifelong repercussions. Having an arrest or conviction on your record can limit your employment, education, and housing options. New Jersey expungement law provides the opportunity to clear your record in many cases, allowing you to move on from your past mistake with a clean slate. An experienced expungement lawyer NJ can help you determine if you are eligible for an expungement and guide you through the process.

What Is an Expungement?
Under New Jersey expungement laws, "expunction means the extraction and isolation of all records in the custody or under the control of any court, detention or correctional facility, or law enforcement agency relating to your detection, apprehension, arrest, trial, or [the] disposition of an offense within the criminal justice system." An expungement also includes all records that are kept on file at the time you file your petition for expungement. This includes complaint files, sworn and unsworn reports, fingerprints, index cards, police department records, criminal history summary sheets, judicial docket sheets, and conviction records. Seeking guidance from an experienced expungement lawyer NJ is essential to understand the intricacies of the process and ensure the best possible outcome for your case.

To qualify for an expungement, you must fulfill certain initial requirements. These include waiting a specific amount of time after your release from prison or probation, payment of any fines or fees associated with the offense, and satisfaction of any other mandates associated with the case. If you fail to fulfill any of these initial requirements, your expungement petition will be denied by the judge. An experienced expungement lawyer NJ can ensure that all required documentation is properly filed and that the proper evidence is presented in order to convince the judge to clear your record.

If the court grants your expungement petition, it will be stamped as expunged in the official court record and you will not have to disclose any information relating to that arrest or conviction on a job application or on a background check. However, you must still report the expungement to the police department and any other agencies involved with your case. You may also be asked to submit a copy of the order to the Attorney General, county prosecutor, chief of police for each municipality where the offense occurred, and any other agencies you have dealt with in connection with your criminal case. Consulting with an experienced expungement lawyer NJ can help ensure that all necessary steps are taken to comply with post-expungement requirements.

In addition to clearing your record, an expungement can also help you hide any criminal convictions on your social media profiles and in any online searches. An expungement lawyer NJ understands the importance of protecting your reputation and can provide guidance on managing your digital footprint post-expungement. 

Legal Assistance for Expungement in New Jersey

For many people, a criminal record can be a huge barrier to achieving their professional goals and to housing and education opportunities. For the majority of people with a record, there is no way to completely clear it except through a successful expungement. This process legally destroys an individual’s criminal record and seals it from public view (with some exceptions). It can also lead to the restoration of civil rights such as voting. The peace of mind that comes from a clean record is invaluable. Seeking guidance from an expungement lawyer NJ can make the process smoother and increase the likelihood of success.

New Jersey’s recently launched e-filing system for expungements is meant to simplify and expand access to the process. The system asks users to input their information and then automatically generates the necessary legal forms that will need to be filed with the court and prosecutors. This can be helpful for people who are unsure of their eligibility or who may not understand the legal process.

While this new option is a positive step in making the expungement process more accessible, it can still be difficult to navigate. The main problem is that the system does not determine or advise on eligibility before generating the appropriate forms. This can mean that people will be filing petitions they are not eligible to pursue, wasting time and money. It is also possible that the prosecutor will object to a petition and block its approval, which can be extremely frustrating.

Even with the streamlined e-filing system, it is important to seek an expungement lawyer NJ for help when seeking an expungement in New Jersey. An expungement lawyer NJ can help to ensure that all the paperwork is filled out correctly and quickly, and they are familiar with the court system’s intricacies. They can also help to counter any objections that are made at a hearing.

A skilled expungement lawyer NJ can force all agencies to remove and isolate your record, which is important in order to avoid the loss of jobs, housing, educational opportunities, or federal financial aid for college. This can be especially important for students who are planning to go on to law school or other higher education.

The most significant hurdle to clearing your record in New Jersey is waiting for the right amount of time to pass. Depending on whether your offense was a disorderly person’s or indictable conviction, the waiting period is between five and ten years. The waiting period begins when you finish your sentence, which can include jail time, probation, home detention or community service, or when the charges were dismissed or you were acquitted.

Having a lingering record can affect your ability to find employment, obtain housing and keep your family safe. A successful expungement can put all that behind you and give you a true fresh start. Contact an experienced expungement lawyer NJ for a free consultation. Law firms specializing in expungements have a proven track record of success. If you have questions, please call or email us. 

Lustberg Law Offices, LLC

Lustberg Law Offices, LLC

One University Plaza Dr Suite 210, Hackensack, NJ 07601, United States

(201) 880-5311