The Law Offices of Carl Spector understands the serious impact that having a criminal record can have on an individual’s life. The jobs you want, the housing you apply for, and various other goals in life can be hindered by a criminal record. However, certain criminal offenses may be removed from your record through a process known as expungement. Obtaining an expungement is certainly not a given, and those who are eligible will have to endure a complicated, document-heavy process. With that said, the payoff is worth the work. Moving forward with a clean slate, free of criminal charges, can give you the best chance of a successful future, unburdened by the restrictions posed by a criminal record. If you are interested in learning more about your eligibility for expungement in the state of New Jersey, contact a Bergen County expungement attorney from The Law Offices of Carl Spector today to schedule a consultation.
It should come as no surprise that not all crimes can be expunged. However, many low-level, non-violent crimes are eligible for expungement. Individuals who were arrested for a crime but never convicted, regardless of how serious, may also petition for an expungement. You should also note that individuals who were arrested for a juvenile offense may be eligible for an expungement. Some of the crimes that are ineligible for expungement include the following:
There are different expungement waiting periods for different offenses. A disorderly persons offense, for example, may be expunged after 5 years. Additionally, certain municipal offenses can be expunged after a period of 2 years. Indictable offenses generally require a wait of five years after the sentence is served and all fines and fees are paid, and in some cases a petition may be filed after four years.
If you are interested in determining your eligibility for expungement, it is important that you consult with an experienced Bergen County expungement attorney who can assess your situation and determine the best step forward. Those that do choose to pursue the expungement petition process must obtain all of their records associated with the offense. You can obtain these records from the Superior Court Criminal Case Management Office where the arrest occurred, or at the Superior Court Family Division Office if you were arrested as a juvenile offender. Some of the forms that are necessary to file during the expungement petition process include the following:
These forms, in addition to a cover letter describing the documents, must be filed with the court. These forms must also be copied and distributed to any other government agency that was involved with your case initially. Once your forms are filed, you will attend a hearing with the court that will determine whether the expungement is approved or not.
New Jersey now accepts expungement petitions through the Judiciary’s eCourts Expungement System, which is free to use and handles service on the agencies that hold your records. You will need your case number to begin. Superior Court matters carry a Promis Gavel number, while municipal matters use a summons or warrant number available from the municipality where the charge was filed.
A hearing is not always required. The court may approve a petition on the papers alone, or it may ask you to appear if it needs more information about your case. Because a single missing record or an incorrectly identified agency can delay a petition by months, having an attorney assemble and review the filing before submission remains the surest way to avoid a denial on technical grounds.
If you are looking to have your criminal record expunged, it is important that you have strong legal representation on your side. The Law Offices of Carl Spector has decades of experience proudly representing clients across New Jersey seeking expungements. We understand the opportunities that an expungement can provide and are here to help you get a fresh start. For quality legal representation when you need it most, contact The Law Offices of Carl Spector today.
