New Jersey Expungement Attorneys
The ramifications of a criminal record can be devastating to anyone’s future. With the economy taking a turn for the worse at a moment’s notice, like it did with the Covid-19 pandemic, it is imperative when going on a job interview to make sure that your background check is as clean as possible. You can rest assured that one of the questions on a potential job application asks about your criminal record (arrests, charges, convictions, nature of the charges). Expunging your criminal record can only increase the chances of getting the job that you desire, an application for a student loan as well as into the college that you want and protect the professional licenses that you possess. The Expungement statue in New Jersey, N.J.S.A. 2C:52, can be confusing at times, therefore, it is imperative to speak to an experienced expungement lawyer about expunging your criminal record.
The Law Offices of Jonathan F. Marshall has over 200 years of combined experience on staff. This includes over three decades of combined experience of prosecuting cases. Our firm has seven former prosecutors on staff, one of our attorneys lead the expungement team during his tenure as a prosecutor. In addition to the above, one of our attorneys was certified by the Supreme Court of New Jersey as a criminal Trial Attorney, less than 1% of attorneys in New Jersey hold this distinction. Another attorney was selected to the 2020 Super Lawyers Rising Stars list for New Jersey, only 2.5% of attorneys in New Jersey are selected to this list. Our law firm has been handling expungements for year, and as such we have the knowledge and experience to help you or your loved one’s case. If you or a loved one has either a criminal or an arrest record and would like a free consultation about your eligibility for an expungement please feel free to contact any one of our Bergen County Offices to speak to one of our experienced criminal defense attorneys about your options. We can be reached 24/7 at 201.429.9783. Our office serves all of Bergen County including towns like Fort Lee, Hackensack, Saddle Brook, Edgewater, Englewood, Ramsey, Lodi, Fair Lawn, Paramus, Oradell, Bogota, Little Ferry and Saddle River.
Typical Criminal Offenses Expunged in New Jersey:
- Indictable Offenses
- Disorderly Persons Offenses
- Township Ordinances
- Youthful Offenders
- Pretrial Intervention / Conditional Discharge
Each of the above referenced crimes have a different time frame which must be satisfied before one can petition the courts for an expungement. As stated earlier, a criminal record can have devastating effects on individual’s future plans. Therefore, it is imperative that once the time frame has been satisfied you seek an attorney to perfect an expungement. One very important misconception is that if a Defendant either participates in the Conditional Discharge, the Pretrial Intervention or the Conditional Dismissal Program or if the underline charges are outright dismissed that there is no record of the incident. That is inaccurate, the initial arrest and charge(s) still exists and will exists unless an expungement is perfected.
What Happens When an Expungement is Granted? N.J.S.A.2C:52-15
If you or a loved one has been arrested, charged, and/or plead guilty or been convicted after trial, then an expungement can potentially be viable. Depending on the degree of the charge and the nature of the charge, you or your loved one can be eligible for an expungement. Once an expungement is granted, under the law the following takes place:
- If an order of expungement of records of arrest or conviction under this chapter is granted by the court, all the records specified in said order shall be removed from the files of the agencies which have been noticed of the pendency of petitioner’s motion and which are, by the provisions of this chapter, entitled to notice, and shall be placed in the control of a person who has been designated by the head of each such agency which, at the time of the hearing, possesses said records. That designated person shall, except as otherwise provided in this chapter, insure that such records or the information contained therein are not released for any reason and are not utilized or referred to for any purpose. In response to requests for information or records of the person who was arrested or convicted, all noticed officers, departments and agencies shall reply, with respect to the arrest, conviction or related proceedings which are the subject of the order, that there is no record information.
2C:52-27. When an Expungement Has to be Disclosed
If you or a loved one has been arrested, and/or charged with an offense, you can potentially expunge (erase) the arrest and charge. If you were convicted or plead guilty, depending on the degree of the charge and the nature of the charge, you or your loved one may be eligible for an expungement. When an expungement is granted, the law is pretty clear but there are still certain circumstances when one must disclose the expunged record as detailed below:
- 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:
- The fact of an expungement, sealing or similar relief shall be disclosed as provided in section 2C:52-8b.
- The fact of an expungement of prior charges which were dismissed because of the person’s 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
- 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.
Can My Record be Expunged?
Depending on you or your loved one’s case, it’ll depend on when and if they can expunge their record. If a case is dismissed (without a diversionary program) then you or your loved one are eligible to expunge the arrest and charge that day. If you or a loved one plead to a disorderly or petty disorderly persons offense, or the offense was amended to a township ordinance, then you or your loved one will have to wait at least two (2) years before being eligible for an expungement. As for an indictable, it depends on what you or your loved one plead to as well as at least five (5) years has to past since the date of conviction in order to expunge it. Certain indictable, such as aggravated sexual assault, are excluded from the list of crimes that can be expunged. If you or a loved one participated, and successfully completed a diversionary program, then at least six (6) months has to past since the completion date to be eligible to apply for an expungement.
Hackensack NJ Expungement Lawyers
The Law Offices of Jonathan F. Marshall has been successfully petitioning courts throughout the State of New Jersey to expunge criminal records for over fifteen years. Please feel free to contact any one of our Bergen County office to speak with one of our experienced expungement attorneys about your eligibility for an expungement. Our attorneys are standing by to help assist in any way possible. We have represented clients in perfecting an expungement in towns like Lodi, Upper Saddle River, Mahwah, Fort Lee, Paramus, Fair Lawn, East Rutherford, Ramsey and Lyndhurst. If you have any additional questions or would like to speak to one of our attorneys please contact us directly at 201.429.9783.