Expungement Lawyer Red Bank NJ

Why you Should Have your Record Expunged

Once you have been arrested, charged and/or fingerprinted, a record of those charges remains on your record forever; unless you take action to have it expunged from your record.  This means that if you are seeking employment, the right to vote, the right to lawfully obtain a firearm or seek a job or better your station in life, obtain housing or credit, your record will have   an enormous impact on your ability to better your life.  If you have a felony conviction or disorderly or petty disorderly convictions on your record, you will be barred from government employment or getting a job as a teacher, nurse, securities broker or any job that requires a licensing examination or security clearance. Even if the charges against you were dismissed or you received a Conditional Dismissal, Conditional Discharge or were granted Pre-Trial Intervention (aka PTI), there will be a record of your arrest, conviction, booking photographs and conviction. Thus, you either have to lie (which will likely be discovered and you will be terminated anyway) or sit there “red faced” trying to explain to a prospective employer that it was just one bad night and you are really worthy of the job that you are trying to get. If the job is choice of getting hired is between someone with the same credentials and no record, you can guess who the employer is likely to hire.

Eligibility for Expungement Chart

The following chart governs when you are eligible to have your record expunged. You must always wait until your sentence is completed, to start the eligibility clock. For example, if you had a municipal ordinance conviction on 1/01/2012, you wouldn’t be eligible for an expungement until 1/1/2014. However, if you had a payment plan to pay off your fine, then the two year period would not begin until you have made your last payment or completed your sentence. In addition, if you had received probation or jail sentence for an offense, the waiting time period for your expungement would not commence until you completed the entire sentence.

Type of Case Waiting Period
Dismissal No waiting period
PTI, Conditional Dismissal or Conditional Discharge 6 months after completion of program
Municipal Ordinance 2 years
Juvenile Charge 5 years, or same period for an adult offense, whichever is less
Petty Disorderly Persons Offense (Misdemeanor) 5 years after successful completion of sentence
Disorderly Persons Offense (Misdemeanor) 5 years after successful completion of sentence
Young Drug Offender
(21 years of age or younger)
1 year after successful completion of sentence
Felony Conviction 10 years after successful completion of sentence (an exception w/in 5 years if eligible)

 

Disqualifications for an Expungement

Under New Jersey Statute 2C:52-1 (N.J.S.A. 2C:52-1, et seq., you are NOT eligible for an Expungement if:

(1) You have more than one felony conviction.

(2) You have a felony conviction, but more than two disorderly persons’ offense convictions.

(3) Your conviction is for the sale, distribution, or possession with intent to distributeCDS with the exception of less than 25 grams of marijuana or 5 grams of hashish AND the Expungement is not in the public interest after the Judge has weighed the nature of your offense and your character and attitude since your conviction.

(4) You have greater than three disorderly or petty disorderly persons offenses.

(5) You have had a prior charge dismissed by way of Pre-Trial Intervention or Conditional Discharge. This does not bar you from Expunging the original case that resulted in PTI, a Conditional Discharge or Conditional Dismissal.

(6) The following offenses per se bar you from Expungement, under N.J.S.A. 2C:52-2(b):

  • Section 2C:11-1 et seq. (Criminal Homicide), except death by auto as specified in section 2C:11-5
  • Section 2C:13-1 (Kidnapping)
  • Section 2C:13-6 (Luring or Enticing); section 2C:14-2 (Aggravated Sexual Assault)
  • Section 2C:14-3a (Aggravated Criminal Sexual Contact); if the victim is a minor, section 2C:14-3b (Criminal Sexual Contact); if the victim is a minor and the offender is not the parent of the victim, section 2C:13-2 (Criminal Restraint) or section 2C:13-3 (False Imprisonment)
  • Section 2C:15-1 (Robbery); section 2C:17-1 (Arson and Related Offenses)
  • Section 2C:24-4a. (Endangering the welfare of a child by engaging in sexual conduct which would impair or debauch the morals of the child)
  • Section 2C:24-4b(4) (Endangering the welfare of a child)
  • Section 2C:28-1 (Perjury)
  • Section 2C:28-2 (False Swearing) and conspiracies or attempts to commit such crimes.

EFFECT OF AN EXPUNGMENT

What is the effect of having an Expungement of your criminal record?

The effect is that you can legally answer, “NO!” in response to the question, “Have you ever been arrested, convicted, charged, etc. of a disorderly person’s offense, petty disorderly person’s offense, municipal ordinance or crime/felony?”  The proof or support for that answer is found under N.J.S.A. 2C:52-27 of the expungement statute, which holds:

Unless otherwise provided by law, if an order of expungement is granted, the arrest,    conviction and any proceedings related thereto shall be deemed not to have occurred, and the petitioner may answer any questions relating to their occurrence accordingly, except as follows: a. The fact of an expungement, sealing or similar relief shall be disclosed as provided in section 2C:52-8b. (b.) The fact of an expungement of prior charges which were dismissed because of the persons acceptance into and successful completion of a supervisory treatment or other diversion program shall be disclosed by said person to any judge who is determining the propriety of accepting said   person into a supervisory treatment or other diversion program for subsequent criminal charges; and (c.) Information divulged on expunged records shall be revealed by a             petitioner seeking employment within the judicial branch or with a law enforcement or corrections agency and such information shall continue to provide a disability as           otherwise provided by law.

As you can see, it is extremely important to have your record expunged. Call today at (732) 431-2224 or email the office at tmarting@jerseycriminal.com to have your record expunged. I have handled expungements all over New Jersey and have always helped people free themselves of the stigma and embarrassment of an old, bad experience.

Call Us

(732) 431-2224

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210 Broad Street; Suite 2B, Red Bank, NJ 07701

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