New Jersey Expungement of Records Lawyer
In Atlantic County, New Jersey, both at the Superior and Municipal Court level, expungements provide individuals convicted of certain offenses or crimes the opportunity to have their criminal records sealed from public view. If an individual has been convicted of an indictable offense (i.e. a first, second, third or fourth-degree crime), a disorderly persons offense or entered into diversionary programs (PTI, Conditional Discharge or Conditional Dismissal) then an expungement may be possible. Obtaining an expungement for a disorderly persons offense will differ from getting an indictable offense expunged. Nevertheless, pursuing an expungement should always be considered if you or a loved one currently have a criminal record. For assistance with getting your criminal record expunged, contact the Law Offices of Jonathan F. Marshall today. Our Atlantic County firm has successfully obtained thousands of expungements for New Jersey arrests and convictions over the years. Our expungement attorneys will answer your questions and tell you whether or not you are eligible for an expungement of your criminal record. Contact our Atlantic County Office at (877)450-8301 today and receive your free consultation with an Atlantic County Expungement Attorney.
How Can I Get A Disorderly Person Offense Expunged in Atlantic County?
A person can expunge up to three (3) disorderly person offenses from their record. Before any filing of a petition for expungement, the individual seeking expungement must wait five (5) years post-completion of either probation, incarceration or conviction, whichever occurs last. Upon the filing of the petition, the individual must be in accordance with the procedural rules of expungement petitions, pursuant to N.J.S.A. 2C:52-7.
However, even if the individual abides by these guidelines, the court can deny expungement of a disorderly person offense under the three (3) following circumstances:
- The individual has been convicted of more than three (3) disorderly persons offenses;
- The individual has been convicted of a prior or subsequent indictable offense; OR
- The individual fails to notify the court of all prior or subsequent offense in writing within the petition for expungement.
How Can I Get An Indictable Offense Expunged in NJ?
Procuring an expungement of an indictable offense is a bit more difficult than obtaining an expungement of a disorderly persons offense. Also, not all indictable offenses are available for expungement in Atlantic County, New Jersey. Typically, crimes of distribution, possession with intent or trafficking are not expungeable. If you have been convicted of two or more indictable offenses, expungement may also be barred.
The following list covers indictable crimes that cannot be expunged:
- Distribution of a CDS (not including Marijuana under 25 grams or Hashish under 5 grams)
- Possession with Intent to Distribute a CDS (not including Marijuana under 25 grams or Hashish under 5 grams)
- Aggravated Sexual Assault
- Forcible Sodomy
- Perjury or False Swearing
- Conspiracy to commit of any of the above
- Endangering the Welfare of a Child
- Selling or Manufacturing Child Pornography
- Any crimes committed while holding public office, provided that the crimes related to that person’s position in office
Similar to disorderly person offenses, an indictable crime cannot be expunged if the individual has been convicted of three (3) indictable crimes. It should be noted that even if all of the criteria are met for expungement of an indictable crime, the court can still deny expungement if (1) the State can demonstrate that the need for the record outweighs the value of expungement or (2) the acquittal/discharge was a result of a plea bargain that involved pleading guilty to another crime.
Expungement of PTI/Conditional Discharge/Conditional Dismissal
If you partook in a diversionary program in Atlantic County either in the form of Pre-Trial Intervention, Conditional Discharge or Conditional Dismissal, then you will be eligible for an expungement six (6) months after completion of your probationary period. Typically, the period o probation for a Conditional Discharge and a Conditional Dismissal is six (6) months to one (1) year. So long as you stay out of trouble and pay all your related fines and surcharges, you can have your record expunged six (6) months after completion (this will amount to one (1) year or eighteen (18) months depending on the period of your probation). The period of your probation for Pre-Trial Intervention will likely be longer (can be up to three (3) years) but is also expungeable 6 months after full payment of fines and completion of probation.
If a person can successfully expunge an indictable crime, disorderly persons offense or diversionary program from their record, then all records associated with the court proceedings, arrest, and charges will be protected from public view. Essentially, the court will sequester the expunged records, so as to prevent certain entities from obtaining or reviewing the relevant criminal records. While an expungement will protect a criminal record from most individuals, there are certain instances wherein the expunged record can be obtained. This can occur if the individual who had their record successfully expunged applies for a position of employment with law enforcement, a courthouse, or a corrections facility.