If you are someone who has been convicted of a crime in the past, there is a very good chance you are now feeling the burdens of a criminal record. Fortunately, in New Jersey, there is a way that you can potentially have your record expunged, meaning free of a criminal record. To learn more about the expungement process, read on and speak with our experienced New Jersey criminal defense attorney today.
What crimes are not expungable?
Before we talk about expungable crimes in the state of New Jersey, it is important to know if your crime is automatically ineligible for expungement. Those crimes are as follows:
- Perjury
- The distribution, sale, or possession of a controlled substance with the intent to distribute.
- Murder
- Robbery
- Kidnapping
- Arson
- Aggravated sexual assault
What crimes are expungable?
If the crime you want to have expunged is not on the list above, there is a strong chance you may be eligible for expungement. Some scenarios in which you may qualify for a record expungement are as follows:
Being arrested for a crime, though never convicted
Committing a juvenile offense, as these are often expugnable after three years
If you are someone who has 3 or less disorderly persons convictions and a felony conviction, you may receive an expungement. Additionally, you may qualify for expungement if you have 4 disorderly persons convictions and 0 felony convictions.
Lastly, under rare circumstances, you may receive more than one felony expungement under certain conditions
What is the expungement process in New Jersey like?
First, you will have to hire an attorney who knows the criminal justice system and is ready to fight for your rights. From here, you will provide all records of the crimes you want to be expunged. Your attorney will receive these records either from the attorney that initially handled your case or from the Superior Court Criminal Case Management Office where the arrest took place.
Finally, your attorney will provide the court with a cover letter accounting for all documents filed with the court, file a Petition for Expungement, provide government agencies with these files, and attend a hearing where they will consider expunging your record. In most cases, you will not have to attend this hearing, as it is generally only a formality. If you wish to have your record expunged, please reach out to our knowledgeable firm.
Contact our experienced New Jersey firm
Thomas DeMarco & Associates, LLC is an experienced Camden County criminal defense law firm located in Mt. Ephraim, New Jersey. We understand how potentially damaging a criminal can be, which is why we pride ourselves in our willingness to fight for our client’s rights. Our firm handles all criminal matters and is ready to provide you with our knowledgeable legal counsel. Do not hesitate to contact our firm to discuss your legal situation.
