Why You Should View the Law Office Before Choosing Your Legal Partner – Guest Post

In New Jersey, you can usually clear one serious crime and up to three minor offenses from your record after four to five years, with some exceptions. You can also expunge records related to recovery court, certain marijuana charges, and arrests without convictions.

Expungement helps you start fresh and opens up new opportunities. However, not all charges can be expunged, and the process is complicated and time-consuming. Even small mistakes can cause delays.

At the Law Office of Jason A. Volet, we help you understand and navigate the expungement process in New Jersey. We believe in second chances and will work hard to clear your record so you can apply for loans, seek new jobs, and move forward without your past holding you back.

What Is Expungement?

Expungement means removing or sealing certain records from places like courts, detention centers, or law enforcement offices. This can include records of arrests, court cases, convictions, and sentencing.

Expungement clears your criminal history from public records. Our experienced New Jersey expungement lawyer can help you through the entire process. We will check if you qualify, prepare your paperwork, and represent you in court so you can focus on your future.

What Sort of Charges Cannot Be Expunged?

Certain criminal charges cannot be expunged in New Jersey, including:

1. Criminal homicide (except death by auto)
2. Kidnapping
3. Luring or enticing
4. Human trafficking
5. Sexual assault or aggravated sexual assault
6. Criminal restraint
7. Criminal sexual contact or aggravated criminal sexual contact
8. False imprisonment
9. Robbery
10. Arson and related offenses
11. Perjury
12. Terrorism
13. Sexual exploitation of a child and related offenses

Despite New Jersey’s “clean slate” law, these serious crimes remain ineligible for expungement. Additionally, motor vehicle offenses, including DUI convictions, cannot be expunged as New Jersey restricts expungements to criminal records.

Can a Charge for the Distribution of Drugs Be Expunged?

The possibility of expunging a drug distribution conviction from your record in New Jersey depends on the type and quantity of the drug involved. Courts may deny your expungement request unless your charge pertains to:

1. Less than one ounce of marijuana
2. Less than five grams of hashish
3. A third or fourth-degree conviction for any controlled dangerous substance (CDS)

How Long Does the Expungement Process Usually Take?

The timeline for expunging a criminal record varies based on individual circumstances. Typically, the process can take between nine months to two years. If the prosecutor objects this period may extend especially if you need to appear in court with your attorney to address the objection.

During the hearing, the court will review arguments from both the prosecution and your attorney. If the court grants your expungement petition it will issue an order to clear your record of the charges. Your attorney must then provide this order to all relevant government entities to ensure the conviction is removed from public records. Until this is done the conviction will remain visible in public criminal record databases.

What Is the Clean Slate Law?

The Clean Slate Law is a recent expungement law in New Jersey. Under this law, you may be eligible to have your entire criminal record including arrests and convictions expunged 10 years after completing court supervision. This applies even if you were previously unable to expunge an offense due to a prior expungement or multiple indictable offenses. However, serious charges like homicide and arson are still not eligible for expungement under this law.

New Jersey Courts plan to implement an automated clean slate process soon. Once in place, you won’t need to file an expungement petition. Instead, the court will automatically expunge eligible arrests and convictions after the 10-year period, eliminating the need for extensive paperwork.

Who Qualifies for Expungement in NJ?

To qualify for expungement of eligible convictions and related arrests, an offender must have completed their sentence and not incurred any additional charges. A specified amount of time must also have passed. You may still be eligible for expungement even if you owe restitution or other court-ordered financial assessments. Contact the appropriate Probation Division Office or municipal court to determine the amount owed and include it in your Petition for Expungement.

Indictable Criminal Offense Conviction:

1. Wait 10 years from the date of conviction, completion of probation or parole, or release from incarceration, whichever is later.
2. No prior or subsequent indictable crime convictions in New Jersey or elsewhere.
3. No more than two disorderly or petty disorderly persons offense convictions.

Disorderly or Petty Disorderly Persons Offense Conviction:

1. Wait 5 years from the date of conviction, completion of probation or parole, or release from incarceration, whichever is later.
2. No prior or subsequent indictable crime convictions in New Jersey or elsewhere.
3. No more than three disorderly or petty disorderly persons offense convictions.

Municipal Ordinance Violation Conviction:

1. Wait 2 years from the date of conviction, payment of fine, completion of probation or parole, or release from incarceration, whichever is later.
2. No prior or subsequent indictable crime convictions in New Jersey or elsewhere.
3. No more than two disorderly or petty disorderly persons offense convictions.

Arrest Without Conviction:

1. If found not guilty or charges were dismissed, you may petition for expungement immediately.
2. If charges were dismissed after completing a supervised treatment program, wait 6 months after the order dismissing charges.

Early Pathway Expungement:

1. Available after 5 years for an indictable offense, 3 years for a disorderly or petty disorderly persons offense, or 2 years for a municipal ordinance violation.
2. No additional offense convictions.
3. The court must find it in the public interest to expunge your record.
4. An attorney must prepare a legal brief and you or others may need to testify.

How can we help you?

Understanding New Jersey’s expungement law can be complex and confusing. If you want to remove criminal charges from your public record as soon as you are eligible, our experienced criminal expungement lawyer can assist you. We will review your record, determine your eligibility for expungement, and represent your interests in court. With an attorney from the Law Office of Jason A. Volet, you can be confident that your expungement petition is in capable hands.

If you need to expunge a criminal charge from your record in New Jersey, contact the Law Office of Jason A. Volet. Formerly a prosecutor and now focused solely on criminal defense, Mr. Volet has a deep understanding of New Jersey’s expungement process. Our dedicated and compassionate team is here to help you achieve a fresh start through expungement.

Reach out to us anytime, 24/7, for a free consultation with our New Jersey expungement lawyer.