how do i expunge my record in new jersey
what is an expungement?
Under NJSA 2C:52-1, a person can expunge or remove certain criminal records or arrests from their criminal record or criminal history. If an order of expungement is granted, the arrest, conviction and any proceedings related to your arrest and crime will be as if it never happened.
what is the purpose of an expungement?
A lot of us make mistakes in our life. Sometimes we are young and foolish and do stupid things that later come back to haunt us. Maybe you were arrested when you were 18 and plead guilty to criminal mischief. Now, you are 25, have your act together, graduated college and are looking for a job. However, each time you apply for a job, they ask if you have ever been arrested or plead guilty in New Jersey. You answer honestly and now you do not have a job offer.
By expunging your record, you remove from your record that stupid thing you did when you were young and basically get a fresh start.
By expunging your record, you remove from your record that stupid thing you did when you were young and basically get a fresh start.
What type of records are expunged in new jersey?
An expungement can seek to have complaints, warrants, arrests, commitments, processing records, photographs, fingerprints, index cards, rap sheets, or proceedings in court called judicial docket records.
can all crimes be expunged from my record?
No. The law in New Jersey is very specific as to what types of charges can be expunged from your record. Additionally, there are limitations as to how many of certain types of offenses or crimes can be expunged. An experienced lawyer can review your criminal history with you and determine if you are eligible now or if you will be eligible in the future.
How long does the expungement process take in new jersey?
The length of the process varies slightly by county because each county has different levels of crime they need to deal with that can take time away from handling expungement matters. Additionally, each county has different staffing issues in the prosecutor's office, which again, could delay how fast your expungement petition is reviewed. On average, from the time the petition is filed until the order is signed and your record is removed from the system, can take up to 6 months. I have had cases where it was completed as quickly as 4 months in some counties. I have also cases where it is delayed by the prosecutor and taken 6.5 months.
What is the process to expunge your criminal record?
If you do not have all of the information pertaining to the arrest and charge you want expunged, you need to obtain that information either from the court where the matter occurred or from your criminal record. Once you have that information, a petition and all supporting documents are filed with the court. The court will file and review the petition and set a court hearing. Once that court hearing is set, very specific governmental agencies involved in your matter need to be properly notified of the date. IF IT IS NOT DONE PROPERLY, YOU WILL NEED TO START OVER. Proof also needs to be provided to the court that it was done properly. If none of the governmental agencies object to your expungement, a hearing will occur and the order will be signed. The order must be served on specific governmental departments in order to have your record removed. If you do not do this properly, your record could still appear in one of the state systems. If an employer requests a background check and you have not properly handled your expungement matter, the background check may reveal your prior arrest and criminal charge.
Do I need an attorney for an expungement?
That is up to you. An experienced lawyer who knows how to handle the expungement process will help you get the matter done right from the start and get it done quickly. An attorney knows who to contact when things are delayed and how to get things moving to push your matter ahead. We charge a flat rate to handle expungements. That being said, if you can read and follow instructions, you can absolutely handle it on your own. The Superior Courts in New Jersey can provide you with an expungement packet that will explain what you need to do.
How Do I Obtain My Criminal Case History?
You can obtain your own criminal case history at one of the NJ approved locations by making an appointment to have your fingerprints taken electronically. Morpho Trak, Inc. has contracted with the NJ State Police to take live scan fingerprints of individuals interested in obtaining their record. You can go to Morpho Trak, Inc.'s website at www.bioapplicant.com/nj to schedule an appointment. If you do not have internet access, you can also call them to make an appointment at 877-503-5981.
CONTACT OUR OFFICE AT 609-392-7600
EXPERIENCED LAWYERS HANDLING EXPUNGEMENT MATTERS
Since expungement matters typically do not require a court appearance or hearing, we handle expungement matters in any county in New Jersey, including:
|
Mercer County
Burlington County Ocean County Monmouth County Middlesex County |
Hunterdon County
Somerset County Camden County Atlantic County Warren County |
Contact Information:
The Rubinstein Law Firm, LLC
1675 Whitehorse Mercerville Road
Suite 106
Hamilton, NJ 08619
609-392-7600
609-964-1785 (fax)
The Rubinstein Law Firm, LLC
1675 Whitehorse Mercerville Road
Suite 106
Hamilton, NJ 08619
609-392-7600
609-964-1785 (fax)
