New Jersey Expungements and Criminal Records

In the State of New Jersey, when an individual has a criminal history, filing for an expungement can have many benefits. It is important to note that a criminal expungement is not for everyone. Similarly important, not everyone who has a criminal background will qualify to have a criminal record expunged. 

Determining Whether or Not a Person is Eligible to Expunge His or Her Criminal Record

Expungement laws can drastically vary by state. Determining whether or not an individual can expunge his or her criminal record will greatly depend on the state laws in which the arrest or conviction transpired. An individual who may qualify for a criminal expungement in a particular state may not be able to qualify in another. Laws pertaining to expungements in the State of New Jersey are highly complex. In order to determine which criminal offenses can qualify to the expungement can depend on the following elements:

Does the individual seek to expunge an arrest record that did not result in a conviction?

Was the individual convicted of a felony, misdemeanor, or a municipal ordinance violation?

How many times has the individual been convicted and what types of offenses was he or she convicted of?

Has the individual been previously granted an expungement?

While these are only a few of the requirements necessary to determine whether or not an individual qualifies for an expungement, it is important to recognize the requisites. If you or someone you know needs assistance in determining if whether the criminal record in question can be expunged, contact an experienced New Jersey attorney who can assist you. 

Understanding Eligibility to Expunge

In the State of New Jersey, those who have a criminal record must wait some time in order to expunge a conviction. The waiting period does not begin from the date of the criminal conviction; rather, the waiting period begins from the moment in which the sentence or penalty was completed. This can include the conclusion of the imprisonment period, the completion of the probation, and/or the payment of fines. 

In the Event in Which the Charges Were Dismissed

In certain cases, individuals may experience a complete dismissal of the charges against him or her. In this scenario, the individual becomes eligible for an expungement immediately after the dismissal of the charges. It is worth mentioning that it does not matter if there are other convictions the person may have. He or she will still be eligible for an expungement after the dismissal of the charges in question. 

Not All Convictions are Eligible for an Expungement

It is important to note that there are convictions for serious offenses in the State of New Jersey that are statutorily banned from being expunged.  The following is a limited list of some of the most common crimes that are ineligible for an expungement.

Kidnap

Murder

Human trafficking

Sexual assault

Terrorism 

Understanding Criminal Record in the State of New Jersey

If you have been convicted of a crime or otherwise have a criminal record in the State of New Jersey, you likely know that having this record can have major implication on your life despite how long ago the offense took place. If you have been convicted of a crime, even if this conviction happened when you were much younger, your record can affect any potential jobs you may otherwise qualify for. Having a criminal record can have both personal and financial implications. While you might not be able to permanently clear your record from all of your wrongdoings, you can, however, seal your record by petitioning for an expungement. If you petition for an expungement that ultimately results in a seal of your past criminal history, the resulting factor is that you will then have a legal right to be able to omit your criminal history to most all interested parties such as potential employers and more. 

Understanding What Records Could Be Sealed

In order to be eligible for an expungement in the State of New Jersey, there are only certain offenses that can qualify for the petition. Frequently, minor offenses can be expunged. Other forms of qualification include:

A minimum of five (5) years since you have completed your sentence,

Paid any fines and/or penalties,

Completed your probation sentence or conviction,

You have no outstanding warrants or charges against you, and

You have more than three (3) disorderly persons offenses on your criminal record, which includes the current offense. 

If you have a criminal record that you are considering having it expunged, consult with a professional attorney who can help you understand if you qualify for the petition. With the support of a knowledgeable attorney, you will be able to offer your petition the best opportunity at being approved. 

Not Every Criminal Record Can Be Sealed

If you have a minor offense you are looking to seal, chances are that you will be able to seal the record if you meet the qualifications and complete and file the petition in accordance with state laws. There are, however, certain offenses that will never have the opportunity to be sealed even if you have complied and otherwise qualify for the petition. Some of these offenses include: Rape, Kidnapping, Murder, and/or Theft. 

While this is a short list of offenses that cannot be sealed, contact a professional attorney who can make sure that your offense qualifies for the petition. 

Obtaining Legal Support

As humans, we all commit mistakes and other blunders we tend to regret at a later time of our lives. If the mistake you committed is minor, consult an experienced attorney who might be able to determine if you can have the offense expunged. Seeking an expungement can be a very complex and stressful procedure. Especially if you have suffered financial distress due to the restrictions posed by your past criminal history. Contact an experienced attorney who can help you find ease in the process. 

About the Author:

Joel Smith