New Jersey Expungement Attorney
If you are convicted of a crime in New Jersey, the conviction goes on your permanent record. While jail time, fines, license suspension, and other penalties ordered by the court can be harsh, a criminal conviction can follow you for years or even decades after you have served your sentence. As a result, you might have trouble finding employment, securing a place to live, and obtaining the financial aid you need to pursue a higher education. Every time you have to submit to a background check, for instance, your conviction will show up, perpetually hindering your ability to get your life back on track.
Everyone has regrets. Everyone has made mistakes that they would prefer to forget about. But a past mistake doesn’t need to haunt you for the rest of your life, especially if you have fulfilled all of the court-ordered requirements associated with your sentence. That’s when you need advice from an experienced New Jersey expungement attorney.
The legal team at William Proetta Criminal Law has years of experience helping individuals who have been convicted of a crime successfully expunge their records and start fresh. We work with people in Ocean, Hudson, Middlesex, and Union counties and across New Jersey. Contact us today for a free consultation to learn more about the expungement process.
How Can You Expunge a Criminal Record in New Jersey?
To successfully expunge your criminal record, you will need to collect certain documentation and complete several other steps. Those steps include:
You can go to the appropriate court and acquire your criminal records yourself. However, our attorneys can make the process easier by drafting a written request and submitting it to the court. This step can take several weeks to complete, but getting an attorney involved may help speed things along.
As soon as we have your criminal records on file, we will begin drafting a compelling expungement petition on your behalf. We will furnish you with a copy of the petition to review and sign. You will also need to sign the petition in front of a notary before sending it back to us.
Once the petition is complete, our office will file the petition with the proper court, along with all the required supporting documents.
After the petition has been filed with the court, your expungement attorney will serve a copy of the petition to any government agency that was involved in your case.
Most people don’t have to attend their expungement hearing, where a judge will decide whether to accept or reject your petition. However, if the local prosecutor opposes your petition to expunge, you may be required to attend. Even if the prosecutor comes out against expungement, however, the decision ultimately lies with the judge. Our attorneys will present a compelling case before the judge and fight for your right to have your records sealed from public view.
If the judge approves your expungement, our office will serve notice of the expungement on any government agency that has your criminal record on file. While it may take some time for various agencies to remove your record, they are legally obligated to do so.
At William Proetta Criminal Law, our New Jersey criminal defense lawyers understand the complexities of the expungement process. Certain records may be difficult to obtain, and any administrative errors could prevent you from getting the relief you deserve. We highly recommend consulting with an expungement attorney before you begin the process.
What Crimes Can Be Expunged in New Jersey?
While not all crimes can be expunged under New Jersey law, many crimes can be. The most severe crimes, including homicide, kidnapping, sexual assault, robbery, terrorism, human trafficking, arson, false imprisonment, and DUIs, cannot be expunged.
However, the vast majority of other crimes can be expunged in New Jersey, including disorderly persons offenses, petty disorderly persons offenses, and most indictable offenses. If you have previously been convicted of other crimes or had your record expunged before, it could impact your ability to obtain an expungement now. So be sure to review your options with a knowledgeable expungement lawyer.
What Is the New Jersey Expungement Waiting Time?
Many individuals who have been convicted of crimes that qualify for expungement can petition the court five years after the end of their sentence. However, the waiting period varies based on the type of crime:
- Indictable criminal offenses – Five years after your sentence is served and fines are paid, although some indictable offenses can be expunged in four years if compelling circumstances exist.
- Disorderly persons offenses– Five years after your sentence is served and fines are paid, although some offenses can be expunged in three years if there are compelling circumstances.
- Municipal ordinance violations– Two years from the completion of your sentence or probation and payment of fines.
- Juvenile convictions– Three years following your discharge from custody or supervision, in most instances.
- Clean slate expungement –Under the N.J. clean slate law, you may be eligible to clear your entire record of arrests and convictions 10 years after serving the sentence for your most recent conviction, assuming you were not convicted of ineligible crimes.
If you have questions about when you might be eligible to petition the court for an expungement, a New Jersey expungement attorney at William Proetta Criminal Law can explain your rights. Contact us now to discuss your case in a free consultation.
