Erase/ Expungement Of Arrests And Convictions To Avoid Embarrassment And Disclosure
When someone has been arrested or even had an exclusive criminal complaint signed against them in the Municipal Court, they have a criminal record, even when the charges were dismissed. Under NJSA 2C:52-1 et seq. past criminal arrests and convictions may be expunged/ erased under certain instances. We always recommend individuals hire an attorney to acquire an expungement.
The method for many expungements is held in the Superior Court. It requires a minimum of 90 days for the court to grant the expungement. Certain requirements are very formal. There can be a waiting period between 6 months around 10 years following the criminal case is finished. When retaining the attorney, obtain a “certified disposition” of the court’s decision, from the Court itself. Court costs and legal fees for expungement vary from $1,500- $2,500. Tens and thousands of citizens in the last 30 years have been arrested for criminal, disorderly, and municipal ordinance offenses. The courts and police must keep accurate documentation of arrests and convictions, even when 30 years old.
These “secrets of yesteryear” could be available to anyone including credit agencies. Under one proposal, for a $15.00 fee, someone could ask the state police for a person’s criminal record, even arrests with not guilty findings. Allowing access to a person’s old criminal conviction or arrest record could open the door for discrimination or job loss against somebody who now could be a productive, respected, and law-abiding citizen. Many employers often perform a criminal background check on new and promoted employees. Fortunately, if you should be a law-abiding citizen, you can now have old arrests or most convictions erased from public records and police folders. Under NJSA 2C:52-1 et seq. past criminal arrests and convictions may be expunged/ erased under certain instances.
Waiting periods If you were convicted or pleaded guilty to a disorderly person offense (misdemeanor type) more than 5 years back, and haven’t been convicted of anything since you can have your attorney petition to the Superior Court for an Expungement (Erase and removal) of one’s criminal record. The waiting period starts from the entire payment of fines, completion of probation and other requirements, whichever finishes latest. In the event that you plead guilty to a town ordinance (ex. – Seaside Heights Drinking in Public), you can petition for an Expungement after waiting two years. A Juvenile delinquent/guilty finding for a small can also be expunged/erased under similar circumstances. Furthermore, minor drug arrests which triggered first offender conditional discharge may be erased after 6 months has passed since termination of probation or conclusion of court proceedings. Above all, arrests on frivolous complaints which did not result in a conviction or if charges were dismissed, may be expunged, without waiting. The waiting period on an indictable charge [guilty plea in Superior Court] is 10 years. The next criminal offenses are a few of the typical offenses individuals can petition for expungement: Alcohol Underage 2C:33-15 Arson 2C:17-1 Assault 2C:12-1 Bad Check 2C:21-5 Burglary 2C:18-2 Conspiracy 2C:5-2 Criminal Mischief 2C:17-3 Criminal Trespass 2C:18-3 Disorderly Conduct 2C:33-2 Drug Paraphernalia 2C:36-1 False / Fraud Instrument 2C:21-3 Harassment 2C:33-4 Hindering Apprehension 2C:29-3 Lewdness / Criminal Contact 2C:14-4 Obstructing Admin. of Law 2C:29-1 Possession Drugs 2C:35-10 Prohibited Weapons 2C:39-3 Prostitution 2C:34-1 Receiving Stolen Property 2C:20-7 Resisting Arrest 2C:29-2 Shoplifting 2C:20-11 Stalking 2C:12-10 Terroristic Threats 2C:12-3 Theft by Deception 2C:20-4 Theft of Services 2C:20-8 Theft-Unlawful Taking 2C:20-3 Wandering 2C:33-2.1 Weapon Unlawful Purpose 2C:39-4
THE EXPUNGEMENT PETITION You must contact an attorney familiar with handling expungements. The Expungement Petition is filed in the county where in fact the offense took place, not where in fact the defendant lives. The petition is filed not in the Municipal Court however in the Superior Court. Once filed, the Superior Court will set a hearing within 35-60 days. Your attorney will prepare an Expungement Petition which under state law must contain substantial background information, including a. Date of Birth and Social Security # b. Date of Arrest c. Statute Arrested For and Statute Convicted d. Original Indictment, Summons, or Complaint Number e. Petitioner’s Date of Conviction or Date of Disposition f. Court’s Disposition of the Matter and Punishment Adopted, if Any
Furthermore, the Expungement Petition must have an affidavit that states that there are no charges pending and that the petitioner never previously received a prior expungement. As required under the statute, the attorney for the applicant must serve a copy of the Petition Order for hearing and supporting documents on the following people:
1.) Superintendent of State Police 2.) Attorney General
3.) County Prosecutor of the county where in fact the court is located
4.) The Chief of Police where in fact the event took place
5.) The principal police officer of any police agency which participated in the arrest
6.) The warden of any institution where in fact the petitioner was confined
7.) the Municipal Court if the disposition was made with a municipal court, 8 County Sheriff when they took fingerprints.
In the event that you satisfy other statutory requirements and there’s no objection by the entities notified, the court will often grant an order directing the Clerk of the Court and all relevant criminal justice and police agencies to expunge (remove) records of said disposition including proof arrest, detention, conviction, and proceedings. You can find additional pleadings which the applicant’s attorney must prepare and file. When you yourself have a vintage offense, it’s important that you have the arrest expunged to help keep your name and record clean. All criminal charges, even when dismissed, stay in your record forever, unless the expungement order is granted with a Superior Court Judge.