Camden County NJ Felony Expungement Lawyer
An arrest can happen to anyone at anytime. Sometimes, an arrest results from what is initially an innocent situation that escalates into a felony offense. This can be a very frightening experience since an arrest and a conviction for a felony can result in a lengthy stay in prison and have a crushing effect on your future opportunities. However, you may be eligible to have the record of your charges and arrest expunged. If you were convicted of a felony, the importance of speaking with an experienced attorney who can ensure that your expungement is done properly and in a timely fashion cannot be overstated.
The criminal defense team at the the Law Offices of Jonathan F. Marshall defend clients charged with crimes such as burglary, DWI in a school zone, and possession of a weapon for an unlawful purpose in Camden County including Lindenwold, Cherry Hill, Gloucester, and Winslow Township. With around 200 years of combined experience, our defense attorneys know what it takes to help get you the most desirable result in your case. Our lawyers have handled countless expungements over the years. This sort of experience can be extremely valuable for your case. Call us today at (856) 288-3350.
Expungement of a Felony in New Jersey
The law for expungement of felonies is covered under N.J.S.A. 2C:52-2. It provides:
a. In all cases, except as herein provided, wherein a person has been convicted of a crime under the laws of this State and who has not been convicted of any prior or subsequent crime, whether within this State or any other jurisdiction, and has not been adjudged a disorderly person or petty disorderly person on more than two occasions may, after the expiration of a period of 10 years from the date of his conviction, payment of fine, satisfactory completion of probation or parole, or release from incarceration, whichever is later, present a duly verified petition as provided in section 2C:52-7 to the Superior Court in the county in which the conviction was entered praying that such conviction and all records and information pertaining thereto be expunged.
Notwithstanding the provisions of the preceding paragraph, a petition may be filed and presented, and the court may grant an expungement pursuant to this section, although less than 10 years has expired in accordance with the requirements of the preceding paragraph where the court finds:
(1) less than 10 years has expired from the satisfaction of a fine, but the 10-year time requirement is otherwise satisfied, and the court finds that the person substantially complied with any payment plan ordered pursuant to N.J.S.2C:46-1 et seq., or could not do so due to compelling circumstances affecting his ability to satisfy the fine; or
(2) at least five years has expired from the date of his conviction, payment of fine, satisfactory completion of probation or parole, or release from incarceration, whichever is later; the person has not been convicted of a crime, disorderly persons offense, or petty disorderly persons offense since the time of the conviction; and the court finds in its discretion that expungement is in the public interest, giving due consideration to the nature of the offense, and the applicant’s character and conduct since conviction.
In determining whether compelling circumstances exist for the purposes of paragraph (1) of this subsection, a court may consider the amount of the fine or fines imposed, the person’s age at the time of the offense, the person’s financial condition and other relevant circumstances regarding the person’s ability to pay.
Although subsequent convictions for no more than two disorderly or petty disorderly offenses shall not be an absolute bar to relief, the nature of those conviction or convictions and the circumstances surrounding them shall be considered by the court and may be a basis for denial of relief if they or either of them constitute a continuation of the type of unlawful activity embodied in the criminal conviction for which expungement is sought.
Crimes that Cannot be Expunged in New Jersey
b. Certain crimes cannot be expunged from a persons record.These include:
- Homicide (Vehicular Homicide can be expunged)
- Robbery
- Arson and related crimes
- Kidnapping
- Aggravated Sexual Assault
- Aggravated Criminal Sexual Contact
- Endangering the Welfare of a Child (by sexual contact)
- Luring or Enticing
- Terrorism
Note: Conspiracies and attempts to commit these crimes also cannot be expunged
Note: Crimes committed by someone holding public office, position, or government positions cannot be expunged if the crime was related to their duties.
c. In the case of conviction for the sale or distribution of a controlled dangerous substance or possession thereof with intent to sell, expungement shall be denied except where the crimes involve:
(1) Marijuana, where the total quantity involved was 25 grams or less;
(2) Hashish, where the total quantity involved was five grams or less; or
(3) Any controlled dangerous substance provided that the conviction is of the third or fourth degree, where the court finds that expungement is consistent with the public interest, giving due consideration to the nature of the offense and the petitioner’s character and conduct since conviction.
d. In the case of a State licensed physician or podiatrist convicted of an offense involving drugs or alcohol or pursuant to section 14 or 15 of P.L. 1989, c. 300(C.2C:21-20 or 2C:21-4.1), the court shall notify the State Board of Medical Examiners upon receipt of a petition for expungement of the conviction and records and information pertaining thereto.
Main Requirements for Felony Expungement in New Jersey
As explained above there are three main requirements for getting a felony expunged. They are:
- You have at most one indictable charge on your record (which is eligible for expungement)
- You have at most two disorderly persons offenses on your record
- At least five years have passed since you finished probation, were released from jail, paid your fines, or were convicted of the offense (whichever is later).
Contact a Lindenwold NJ Expungement Lawyer for a Free Consultation
The criminal defense attorneys at the Law Offices of Jonathan F. Marshall are always available to speak with you about your case and begin to work on your expungement. Our criminal defense team understands the details of law in New Jersey and we will use this knowledge to have your record cleared and help secure your future educational and employment opportunities. Call us today at (856) 288-3350 for a free initial consultation about your case.
