When convicted of a criminal offense, people are often told that the offense will be reflected in their criminal record forever. This is a much larger burden than many people realize. A simple background check will turn up your conviction, and you could be denied jobs, housing, or certain public benefits. However, there is a process by which eligible individuals can have convictions removed from their records.
Expungements do not always happen automatically, and you may need to submit forms and paperwork before your expungement is approved. You may also be required to appear before a judge and explain why your conviction should be expunged. If your petition is granted, your conviction will be effectively wiped from your record and treated as if it did not happen.
If you want to remove a past criminal conviction from your record, our New Jersey criminal record expungement attorneys can help. Call the Lombardo Law Group, LLC at (609) 445-4300 and ask about a free case review. Our team can help you determine if you are eligible for expungement.
What is a Criminal Record Expungement in New Jersey?
An expungement is like wiping a conviction off your criminal record. Under N.J.S.A. § 2C:52-1, an expungement involves sealing all records of your detention, arrest, trial, and conviction related to a crime. This includes court records and records maintained by the police, prosecutors, and other government offices. Records like complaints, search and arrest warrants, booking records, rap sheets, and court dockets may all be sealed in an expungement.
Your expungement process will depend on what kind of offenses you wish to remove from your record. Certain offenses are eligible for expungement while others are not. If you can get a conviction expunged, it is treated as though it never happened. You do not have to disclose to anyone that you were previously convicted and the conviction was expunged.
For example, suppose you were previously convicted of a crime and then had your record expunged. If a potential employer asks you if you have ever been convicted of a crime, you are allowed to say no. Similarly, if someone contacted the court asking about your criminal record, the court would not mention your expungement, only that they do not have a record of conviction. Expungements can be a great way for people to get a fresh start. Our New Jersey criminal record expungement lawyers want to help you start over with a clean slate.
What Crimes Can Be Expunged from Your Criminal Record in New Jersey?
Different states have different rules regarding what crimes may and may not be eligible for expungement. Even if you do not live in New Jersey, you might have been convicted of a criminal offense in New Jersey. New Jersey convictions must follow New Jersey rules for expungement. Our New Jersey criminal record expungement lawyers will help in any way they can.
In New Jersey, certain crimes are so severe that they are automatically denied expungement. This includes more serious, violent offenses like homicide, kidnapping, human trafficking, aggravated sexual assault, robbery, arson, and more. If you have even one of these offenses on your record, you might be barred from getting anything expunged.
As long as your offenses are all eligible, you can petition to expunge any number of indictable crimes and disorderly persons offenses. The process of your expungement depends on how many offenses are on your record. If you have only one indictable crime on your record, you may expunge that crime and up to 3 disorderly persons offenses as long as at least 5 years have passed since the date you completed your most recent sentence.
If you have more than one indictable crime on your record to expunge, you may need to apply under N.J.S.A. § 2C:52-5.3 with a “clean slate” expungement petition. Under this petition, you may petition to expunge an unlimited number of offenses. However, using this method, at least 10 years must have passed since you completed the most recent sentence. If you are eligible to have past criminal convictions expunged from your record, our New Jersey criminal record expungement lawyers will guide you through the process.
The Process of Expunging a Criminal Record in NJ
Much of the process of expunging your criminal record is technical and procedural. It might feel a bit mundane and boring, but you must have all the proper forms and paperwork filled out and attached to the necessary records. If a form is missing or filled out incorrectly, we may have to start the whole process over again.
If you are petitioning for an expungement, that means several years or more have passed since you completed your sentence and were released from the criminal justice system. It is not unusual for people to lose track of all the court papers and legal documents related to their criminal case after 5 or 10 years. You may need things like your original indictment, summons, docket numbers, warrants, or complaints. Our New Jersey criminal record expungement attorneys can help you track down these documents if you do not know where they are.
Once your petition has been submitted, you may be scheduled to appear in front of a judge. This is more common in cases where a petitioner wants indictable crimes expunged. If you are only dealing with disorderly persons offenses, you might receive a decision without appearing in court. If you are called into court, you may be given the opportunity to explain to a judge why your record should be expunged. Remember, even if you are eligible for expungement, a judge could deny your petition for any number of reasons. Our New Jersey criminal record expungement lawyers can help you effectively argue for your expungement.
Call Our New Jersey Criminal Record Expungement Attorneys
If you want to expunge prior criminal convictions, contact our New Jersey criminal record expungement lawyers for guidance. Our team can conduct a free case review to determine your best course of action. Call the Lombardo Law Group, LLC at (609) 445-4300 for assistance now.
