Expungement Lawyers in Sussex and Warren County NJ
Attorneys Who Help Expunge Your Criminal Record in New Jersey
It’s no secret that a criminal record can seriously impact your life. But if you do have a criminal record, you may be able to get the records expunged and move on as if nothing ever happened. The criminal defense team at the Tormey Law Firm make expungements easy – we obtain all of the necessary documentation from the criminal or municipal courts, complete all of the required paperwork, file the necessary motions, and send the certifications to every recipient required by law. If you have a criminal record in Newton, Phillipsburg, Frankford, Hackettstown, or elsewhere in Sussex or Warren County and are seeking an expungement, contact the New Jersey expungement attorneys at the Tormey Law Firm and take the first step in moving forward with a clean slate. One of our highly knowledgeable lawyers will be happy to provide you with a cost-free consultation.
The Expungement Process in New Jersey
The New Jersey Criminal Code permits the expungement of certain indictable crimes, N.J.S.A. 2C:52-2; expungements of a juvenile adjudications, N.J.S.A. 2C:2-4.1; expungements of disorderly persons and petty disorderly persons offenses, N.J.S.A. 2C:52-3; expungements of municipal ordinance violations, N.J.S.A. 2C:52-4; expungements of pre-trial intervention, conditional discharge or conditional dismissal, N.J.S.A. 2C:52-6c; expungements of arrests and dismissals, N.J.S.A. 2C:52-6; and expungements of drug court, N.J.S.A. 2C:35-14(m).
What Does an Expungement Do in New Jersey?
An expungement functions to essentially remove all record of an arrest, conviction, and the proceedings related to the offenses. In reality, the records are not actually destroyed, but only separated and then locked away. But for most intents and purposes, an expunged record does not exist. Accordingly, if you are applying for a job you can answer “NO” to the questions of if you have ever been arrested or if you have ever been convicted of any crime. In addition, the police or prosecutor’s office will not be able to access expunged records during an investigation. The only exception is that if you are applying for a job with the judicial or criminal justice system, you will be required to disclose the arrest and/or conviction.
What Crimes Can be Expunged in New Jersey?
The New Jersey Criminal Code permits the expungement of many common offenses such as drug offenses including marijuana possession, theft offenses including shoplifting, simple assault, disorderly conduct, criminal mischief, hindering, vehicular homicide, possession of a fake ID, and underage drinking. However, more egregious crimes such as homicide, robbery, arson, kidnapping, aggravated sexual assault, aggravated criminal sexual contact, luring, terrorism, and endangering the welfare of a child by sexual contact cannot be expunged.
What is the Waiting Period for an Expungement in New Jersey?
Depending on the nature of the records you are seeking to expunge, there will be different waiting periods before you can apply for an expungement. The rule of thumb is that the more serious the record you want to expunge, the longer you will have to wait to apply. The waiting periods are as follows: indictable crimes – 10 years; juvenile adjudications – 5 years, disorderly persons offenses – 5 years; municipal ordinances – 2 years; arrests not resulting in a conviction due to pre-trial intervention, conditional dismissals, and conditional discharges – 6 months; arrests not resulting in conviction due to dismissal or acquittal – immediate; and successful completion of drug court – immediate.
There is also a limit on how many offenses can be expunged. The current expungement rules permit the expungement of one indictable offense and two disorderly or petty disorderly persons offenses; three disorderly or petty disorderly persons offenses; unlimited juvenile adjudications, unlimited arrests, dismissal, and acquittals, and if you are a drug court graduate unlimited crimes and disorderly persons offenses.
Contact Vernon Expungement Lawyers for a Free Consultation
If you have questions about the expungement process in New Jersey, are seeking an expungement of your criminal record, are wondering if you are eligible for an expungement, or need to hire an expungement lawyer, the attorneys at The Tormey Law Firm can help. Simply call today for a free consultation.