Expungement Lawyer
Expunge your criminal record with The Law Offices of Jonathan F. Marshall. Our experienced team of 11 criminal defense attorneys, including former prosecutors, will fight for your best outcome. Recognized by National Trial Lawyers and Super Lawyers, we have the skills you need. Contact us today.
In a significant move towards criminal justice reform, Governor Phil Murphy of New Jersey signed two groundbreaking pieces of legislation to provide individuals entangled in the criminal justice system with a clean slate and a chance at redemption.
Expungement Reform
A few years ago, New Jersey introduced a petition process for “clean slate” expungement. This means that residents who have not committed any offenses in the past ten years and have not been convicted of serious crimes can now have their records expunged. This provision aims to eliminate the lasting stigma of a criminal record and open doors to employment, housing, and other opportunities that were previously closed off. Additionally, the law requires the implementation of an automated clean slate expungement system, which will simplify the process and ensure greater efficiency.
Sealing Low-Level Marijuana Convictions
In a move aligned with changing attitudes towards marijuana, NJ also seals low-level marijuana convictions upon the disposition of a case. This means that individuals will no longer face the negative consequences of these criminal convictions in the future. By taking this step, New Jersey acknowledges the need to move beyond the punitive approach towards marijuana offenses and instead focus on restorative justice and rehabilitation.
Restoring Voting Rights
NJ now restores voting rights to individuals on probation or parole. By reinstating their voting rights, New Jersey joins a growing number of states that recognize the importance of inclusivity and civic engagement. Voting is a fundamental right and a cornerstone of democracy, and every eligible individual should have the opportunity to have their voice heard and their vote counted.
The Impact Of Clean Slate Reforms
These clean slate reforms have far-reaching implications for individuals, families, and communities. Expungement offers individuals a chance to break free from the chains of their past, enabling them to pursue meaningful employment, secure housing, and rebuild their lives. By sealing low-level marijuana convictions and removing barriers to voting for those on probation or parole, New Jersey is fostering a more inclusive and equitable society.
About NJ Automated Clean Slate Law (N.J. Stat. § 2C:52-5.4)
If you have a criminal record in New Jersey, the good news is that the state has implemented an automated “clean slate” process that aims to make this possible. Below, we’ll explore New Jersey Statute Section 2C:52-5.4, which outlines the details of this process.
The Automated “Clean Slate” Process Explained
The state of New Jersey is required to develop and implement an automated process, based on the recommendations of a task force, that makes all convictions and associated records inaccessible to the public. This process involves sealing, expungement, or an equivalent method for individuals who have been convicted of crimes, disorderly persons offenses, or a combination of both. However, it’s important to note that certain crimes are not eligible for expungement.
The automated process comes into effect after a period of ten years from the date of your most recent conviction, provided you have paid any court-ordered financial assessment, completed probation or parole, or been released from incarceration, whichever is later. A financial assessment includes fines, fees, restitution, penalties, and other financial obligations imposed by the court as part of your sentence.
Restoration Of Convictions And Future Considerations
If you are subsequently convicted of a crime that is not subject to expungement, your previous convictions and associated information will be restored. This means that the automated process will be reversed, and your criminal history record information will be made accessible again. This restored information may be submitted by the prosecutor to the court for consideration during the sentencing for your subsequent conviction.
The Benefits Of Hiring A New Jersey Expungement Attorney To Help Get Your Criminal Records Erased
If you’re seeking to expunge your criminal record in New Jersey, you may be wondering whether hiring a lawyer is necessary. While the decision is ultimately yours, understanding the benefits of having legal representation can significantly impact the success and efficiency of your expungement process. Below, we will highlight the key advantages of hiring a lawyer to guide you through the expungement process in New Jersey.
Skilled Legal Advice
When it comes to navigating the complex legal system, having a knowledgeable attorney by your side is invaluable. Only a qualified lawyer can provide you with reliable legal advice tailored to your unique situation. They can assess the specifics of your case, analyze the relevant laws, and guide you through the intricacies of the expungement process. Their skills ensures that you make informed decisions at every step.
Evaluation Of Your Case
Determining whether your case should be brought to court is a crucial aspect of the expungement process. An experienced lawyer will review your criminal record, including the charges and convictions, to assess its eligibility for expungement. They can accurately determine the likelihood of a successful expungement and advise you on the best course of action. This evaluation is crucial as it saves you time, effort, and potential disappointment by avoiding unnecessary court proceedings.
Informed Decision-Making
Bringing your case to court for expungement involves certain risks and uncertainties. An attorney well-versed in New Jersey’s expungement laws can provide you with an informed opinion about the potential outcomes of taking your case to court. They will consider various factors such as the nature of your offense, your prior criminal history, and any specific eligibility criteria. This skilled opinion allows you to make a well-informed decision based on a realistic assessment of the potential benefits and risks involved.
Procedural Knowledge And Efficiency
The expungement process in New Jersey requires adherence to specific procedures, paperwork, and deadlines. Navigating these intricacies on your own can be challenging and time-consuming. By hiring a lawyer, you gain access to their procedural knowledge and experience. They understand the necessary steps, the documentation required, and the deadlines to meet. Their skills ensures that your expungement petition is accurately completed and filed correctly, increasing the likelihood of a successful outcome.
Representation In Court
If your case does proceed to court, having an attorney represent you can significantly enhance your chances of a successful expungement. They will present your case professionally, advocating on your behalf and addressing any potential challenges or objections raised by the opposing party. Their courtroom experience and persuasive skills ensure that your interests are protected throughout the legal proceedings.
New Jersey Expungement Lawyer For Help Getting Your Criminal Record Expunged
Contact The Law Offices of Jonathan F. Marshall at (877) 534-7338 or online today to expunge your criminal record. With over 200 years of combined experience, our team of 11 criminal defense attorneys, including seven former prosecutors, will fight for the best possible outcome for you. Our highly skilled lawyers have been recognized by the National Trial Lawyers and Super Lawyers, and one of our attorneys holds the prestigious distinction of being Certified by the Supreme Court of New Jersey as a Criminal Trial Attorney. Don’t let your past define your future—reach out to us now.
Learn more about the expungement process in New Jersey.
