New Jersey Expungement Attorney
Trusted Expungement Lawyer in Hamilton, NJ Helps Clients Wipe Their Criminal Records in Mercer County, Middlesex County, Ocean County, and Throughout NJ
People make mistakes every day. If you have ever been convicted of a crime, you likely understand the disappointment and embarrassment caused by disclosing your criminal past. You might have missed out on a good job opportunity or experienced rejection when applying for housing. Fortunately, New Jersey expungement provides a process by which most criminal convictions can be sealed—removed from your record—after a period of time has passed. At Hartman Duff, LLC, an experienced New Jersey Expungement Attorney can help guide you through the complex process of clearing your record. We know how to begin the process and handle any complications that arise along the way. Our lawyers also understand specific qualification requirements New Jersey expungement law imposes.
No one should have to pay for their past mistakes forever. Criminal records are publicly searchable. Once you have obtained an expungement, you can legally answer “no” when asked whether you have been convicted of a crime. Potential landlords, employers, banks, and others will no longer have access to your criminal history.
Get Free Advice From An Experienced Criminal Defense Lawyer. All You Have To Do Is Call 609-853-5579 or Fill Out Our Free Case Evaluation Form.
*Free consultation not available for family or divorce matters.
Qualifying for Expungement Under N.J.S.A. 2C:52-7
New Jersey expungement laws impose various requirements on your eligibility for expungement. The type of crime matters, as does the time period that has elapsed since you completed punishment. The number of offenses on your record is also important.
For example, when it comes to the type of offense:
- If you have no more than one indictable (felony) crime and no more than three convictions for (misdemeanor) disorderly persons offenses on your record, you may be eligible for expungement after five years have passed.
- If you have no more than five disorderly persons offenses on your record, you may be eligible for expungement after four years have passed.
- If you have more than one indictable (felony) crime on your record, you may be eligible for expungement after five years if the convictions relate to crimes committed within a close time frame (they must be part of a single conviction or committed under related circumstances).
- If you were convicted as a juvenile, you may be eligible for expungement after three years have passed.
For the completion of the pre-trial intervention program or conditional discharges (for drug offenses), you can have the participation expunged from your record after six months. Expunging participation in a diversionary program from your record does not, however, mean that you are eligible to participate again.
Additionally, the New Jersey “clean slate” law, applicable beginning in 2020, now provides that all criminal convictions can be removed from your record after ten years have passed since the date you completed punishment. As long as the crime is one that is eligible for expungement, if ten years have passed without any criminal activity, you can have the convictions expunged regardless of the number of convictions on your record.
Understanding When a Conviction is Ineligible for Expungement in New Jersey
Not every criminal conviction can be expunged from your criminal record. Certain crimes are deemed so serious that they generally cannot be expunged. Conviction for the following crimes are not eligible for expungement:
- Aggravated sexual assault
- Human trafficking
- False imprisonment
Even under the newly expanded expungement laws, these types of crimes cannot be expunged from your record. The legislature has determined that the value of allowing public access to these types of convictions outweighs the benefits of expungement.
However, the clean slate law does expand the availability of expungement for felony-level crimes. If you have been convicted of more than one indictable offense, you may be eligible to have the most recent felony expunged even if, before conviction for the second felony, you were convicted of a crime that is ineligible for expungement. To learn more, call our experienced New Jersey Expungement Attorney at Hartman Duff, LLC today.
Facing Criminal Charges in NJ And Have Questions? We Can Help, Tell Us What Happened. – Call 609-853-5579 or Fill Out Our Free Case Evaluation Form.
*Free consultation not available for family or divorce matters.
When Can the Court Deny Your Expungement?
The expungement process is not always simple. One simple mistake in your paperwork can result in the court denying your petition for expungement. At Hartman Duff, LLC, our experienced expungement lawyers work in an effective manner so that you can clear your record as quickly as possible.
Expungements are often denied because:
- All statutory requirements for expungement were not satisfied
- You obtained an expungement for a felony in the past and are once again seeking expungement of a felony
- The court determines that the value of allowing public access to your criminal record is more important than the value of allowing you a fresh start
- Someone objects to the expungement
If the court denies your initial petition for expungement, you still have options. Our lawyers can appeal that denial by filing a notice of appeal within 45 days in the Superior Court, Appellate Division.
Contact Our Experienced New Jersey Expungement Attorney for a Consultation Today
The expungement process itself is complex. In recent years, New Jersey has also modified the expungement eligibility rules substantially. If you are interested in exploring your eligibility for expungement in light of these new rules, contact our office to schedule a consultation with our dedicated New Jersey Expungement Attorney today. We can discuss your options and develop a plan to move forward with clearing your record.
Frequently Asked Questions About New Jersey Expungements
Obtaining an expungement usually takes about two or three months. However, with more people applying for expungement, the process could take longer as the courts deal with the backlog. Any complications that arise in the expungement process can also create delays. If you are considering applying for an expungement, you should speak with an experienced expungement lawyer as soon as possible to begin the process so that your record can be cleared as quickly as possible.
Yes. A conviction for certain drug-related crimes will be treated as disorderly persons offenses under the new law. If you were convicted of possession, or possession with intent to distribute, and the crime involved less than five pounds of marijuana or one pound of hashish, the conviction will be treated as a disorderly persons offense for expungement purposes.
The “clock” on the waiting period begins to run once you have successfully completed your punishment. This includes jail time and probationary periods.