When you see someone leaving jail after serving a sentence, it is a safe bet to guess that that person thinks, “I never want to go back to jail.” Every day, you probably pass by several people who got a criminal conviction many years ago and have spent their entire adult lives trying to live it down. Finishing your sentence after a criminal conviction, even if it is only a probation sentence, is a great relief, and you might feel like you have a new lease on life. Years might go by without you thinking about that unhappy time in your life when you were involved with the criminal justice system. When you apply for jobs or housing, the background checks associated with the application bring back those unpleasant memories, and before you can live and work as you wish, you have to explain a mistake you made half your life ago. The good news is that removing most arrest and conviction records from background check results is possible, but it requires a lot of patience. The best way to avoid unnecessary delays in getting your criminal records expunged is to contact an experienced expungement attorney.
The Long Road to Expungement Eligibility
The hardest part of getting a criminal record expunged is waiting to become eligible for expungement. If you were a juvenile at the time of the incident that led to your involvement with the juvenile justice system, then your detention or adjudication record will go away on its own after three years. You can apply for expungement sooner than that, and it is in your interest to do so if you are entering the workforce or applying to colleges or trade schools. If you are 18 or older when you try to expunge the juvenile record, you should file the petition on your own behalf. If you have yet to turn 18, your parent or legal guardian should file the petition for you.
Before you can expunge an arrest record that did not result in a conviction, a certain amount of time must have passed since your arrest. Before you can expunge the record of a conviction, you must wait for a set period beginning when you complete your sentence. For a disorderly persons offense, also known as a misdemeanor, the waiting period is five years, and for an indictable offense, also known as a felony, it is 10 years.
Which Criminal Charges are Not Eligible for Expungement?
Most criminal charges and convictions can be expunged from your record if you wait long enough; the simple fact that a crime counts as an indictable offense does not make it ineligible for expungement. Even if you served a prison sentence for drug possession, assault, fraud, or vehicular manslaughter, you could still get those convictions expunged ten years after you finish your sentence.
The following is a partial list of crimes that do not become eligible for expungement:
- Murder
- Kidnapping
- Robbery
- Arson
- Perjury
- Manufacture or possession of chemical weapons
- Child endangerment
- Sexual assault
- Sex offenses where the victim is a minor
- Conspiracy to commit a crime ineligible for expungement
What to Do Once Your Record is Eligible for Expungement
The New Jersey court website
contains detailed instructions for the expungement of a criminal record. The expungement process requires you to fill out a petition with details about the record you want to expunge. Once the judge signs your petition, you must send copies of it by certified mail to seven different offices. When you receive the certified mail receipts, you are ready to schedule an expungement hearing. In other words, expunging a record requires a lot of tedious paperwork.
You can file an expungement petition on your own without hiring a lawyer, as you do with most actions involving the court; as with divorce, probate, bankruptcy filings, and so many other legal matters, hiring a lawyer is optional. The expungement process is less stressful if you hire an expungement lawyer. Your lawyer can help you avoid mistakes that could delay your case or lead to the court rejecting your expungement petition.
Contact an Expungement Lawyer
Getting an arrest or criminal conviction expunged from your record is an attainable goal. Once your record is eligible for expungement, your lawyer can help ensure that the process goes smoothly. Contact the Law Offices of Jonathan F. Marshall to discuss your expungement case.
