EXPUNGING A CRIMINAL RECORD IN NEW JERSEY
We all make mistakes. Unfortunately, when a mistake leads to a criminal charge or even a conviction, that mistake can haunt you for years, making it difficult to get the job you want, affecting your ability to live certain places, and even limiting your access to credit and financing. An expungement will allow you to remove and/or isolate all records on file with a court, law enforcement agency or correctional facility and will cover any issues related to arrest for or disposition of an offense. However, expungement in New Jersey is only available to qualified individuals. Here are the details.
ELIGIBILITY FOR EXPUNGEMENT
Certain types of crimes can never be expunged under New Jersey law. These include serious felonies, such as:
- Criminal homicide (other than death by auto)
- Aggravated sexual assault or sex crimes involving a child
- Kidnapping, criminal restraint or false imprisonment
- Sale, distribution or possession with intent to distribute a controlled dangerous substance
- Endangering the welfare of a child
There are some offenses that may be expunged the first (or even second) time, but won’t be eligible for expunction after that. If the offense is an indictable offense, you cannot have a subsequent indictable offense expunged. If you have been convicted of two or more disorderly person offenses, you may not obtain and expunction of any subsequent offenses.
There are a number of other factors that have an effect on whether you can obtain an expunction:
- Are you seeking to eradicate an arrest or a conviction?
- How long has it been since the arrest or conviction?
- Have you had any encounters with the law since the arrest or conviction?
- Did you meet all requirements of your sentence?
- What was the sentence?
CONTACT JACK VENTURI LAW
Our team has the experience, skill, knowledge and resources to aggressively protect your rights. For a confidential consultation, contact us online or call us toll free at 732-247-3340.