New Jersey Indictable Offense Expungement Lawyers
Bergen County Felony Expungement Attorneys
As if having a criminal record isn’t bad enough, imagine having a felony criminal record. A felony criminal record could hurt you chances of getting your favorite job, accepted into your dream university, obtain / keep your professional licenses and prohibit you from lawfully possessing a firearm. Mistakes happen and there are usually severe consequences that follow but there comes a point when the consequences can end. Pursuant to N.J.S.A. 2C:52-2, an individual may be eligible to have their criminal record erased. Depending on what you pled guilty too will determine when you become eligible to petition the court for an expungement of your criminal record. Here is some important information with regards to your eligiblity if you were convicted of an indictable offense (felony).
Expunging an Indictable Offense: N.J.S.A. 2C:52-2
- It has been at least 10 years from either the date of conviction, completion of the payment of fine, completion of probation or parole, or release from incarceration, whichever is later.
- Less than 10 years has expired from the satisfaction of a fine, but the 10-year time requirement is otherwise satisfied, and the court finds that the person substantially complied with any payment plan ordered pursuant to N.J.S.2C:46-1 et seq., or could not do so due to compelling circumstances affecting his ability to satisfy the fine; or
- At least five years has expired from the date of his conviction, payment of fine, satisfactory completion of probation or parole, or release from incarceration, whichever is later; the person has not been convicted of a crime, disorderly persons offense, or petty disorderly persons offense since the time of the conviction; and the court finds in its discretion that expungement is in the public interest, giving due consideration to the nature of the offense, and the applicant’s character and conduct since conviction.
In determining whether the expungement would be in the “publics interest” the courts will look to see what has the defendant done with their life since the said conviction. Some key things that the courts really look for are the following: no new arrests / convictions, completion of college if applicable, maintained gainful employment and have become a model citizen. This is where an experienced expungement attorney can really help.
Crimes that are barred from being Expunged:
- Criminal Homicide, except death by auto
- Luring or Enticing
- Human Trafficking
- Aggravated Sexual Assault
- Aggravated Criminal Sexual Contact; if the victim is a minor
- Criminal Sexual Contact; if the victim is a minor and the offender is not the parent of the victim
- Criminal Restraint
- False Imprisonment
- Arson and Related Offenses
- Endangering the welfare of a child
- Causing or permitting a child to engage in a prohibited sexual act
- Selling or manufacturing child pornography
- False Swearing
- Knowingly promoting the prostitution of the actor’s child
- Producing or Possessing Chemical Weapons, Biological Agents or Nuclear or Radiological Devices
It should be noted here that any convictions for conspiracies or attempts to commit any of the aforementioned crimes will be barred as well. In addition, where the defendant has been convicted for distributing a controlled dangerous substance or possession thereof with intent to sell, their expungement will be denied except when the offense involved:
- Marijuana, where the total quantity sold, distributed or possessed with intent to sell was 25 grams or less;
- Hashish, where the total quantity sold, distributed or possessed with intent to sell was five grams or less; or
- Any controlled dangerous substance provided that the conviction is of the third or fourth degree, where the court finds that expungement is consistent with the public interest, giving due consideration to the nature of the offense and the petitioner’s character and conduct since conviction.
Experienced Bergen County Expungement Attorneys
As stated earlier, a felony criminal record can have lifelong consequences, therefore, it is imperative that you speak to an experienced criminal defense firm about your options. If you or someone you know is looking to have there felony criminal record erased we can help. Please contact any one of our Bergen County Offices for a free initial consultation about your options.