Perhaps a judge, a police officer, a teacher, or even a criminal defense lawyer has told you that criminal records are forever, but this is not the whole story. First, certain types of background checks show records of your arrest, even if you were eventually acquitted or if the state dropped the charges with or without a pretrial intervention or diversion program. Second, it is possible for defendants to expunge their criminal records in most circumstances. The records do not go away on their own, but after a certain amount of time passes, you can get them expunged. Expungement, also known as sealing of records, means that the records do not appear on most background checks so they cannot jeopardize your applications for employment or housing. For help exercising your rights under New Jersey expungement law, contact a New Jersey expungement lawyer.
Which Criminal Records are Eligible for Expungement?
Most records of arrests and convictions do not disappear from searchable databases on their own, but defendants eventually have the right to expunge these items from their records. If the arrest occurred when you were under the age of 18, it automatically goes away after three years. You have the right to expunge it sooner. You should file the expungement petition yourself if you are at least 18 at the time of the filing, but your parent or guardian should file it for you if you are younger than 18.
Arrest records and conviction records remain visible on criminal background checks permanently if the defendant was at least 18 at the time of the arrest. The good news is that, for almost any criminal charge, it will eventually become possible for you to expunge the record. This is true whether the charge was for a disorderly persons offense (known as a misdemeanor in other states) or an indictable offense (which most other states call a felony). If you got charged with theft, drug possession, or any of a long list of other common criminal offenses, you will have the opportunity to remove the charge from your record, even if you pleaded guilty and served a sentence. It is even possible to expunge a vehicular homicide record.
These are the only charges that are not eligible for expungement, no matter how long ago the case took place:
- Murder or manslaughter
- Sexual assault or aggravated criminal sexual contact
- Robbery
- Arson
- Perjury
- Child endangerment
- Any sex offense where the victim is a minor
- Production or possession of chemical weapons
- Kidnapping
The Expungement Process
The most time-consuming part
of the expungement process is waiting to become eligible. For disorderly persons offenses, the waiting period is five years, and for indictable offenses, it is 10 years. If you were convicted, the waiting period begins after you finish your sentence, including jail, prison, probation, home detention, or any combination of those. If you were not convicted, it begins on the date of your acquittal or the dismissal of your charges.
Once you are sure that your record is eligible for expungement, you are ready to request an expungement. This is a summary of the steps of the expungement process:
- Locate the record of your arrest or conviction. If you do not have it, request a copy from the New Jersey State Police.
- Complete four forms (the petition for expungement, request for hearing, expungement order, and cover letter) and file them with the court, along with a $52.50 fee and two self-addressed envelopes.
- After the court signs your documents and returns them, make seven copies and send them by certified mail to the offices listed on page six of the expungement handbook.
- When you receive the certified mail receipts, schedule an expungement hearing with the court.
- After your hearing, send proof of the expungement to the relevant parties.
Do You Need to Hire a Lawyer When You Apply to Expunge a Criminal Record?
You have the option to represent yourself in your expungement case or to hire a lawyer. Unlike when you are facing criminal charges, the court will not appoint a lawyer for you if you cannot afford one. If you hire a lawyer, it is easier to avoid delays and mistakes.
Contact an Expungement Lawyer
Getting an arrest or criminal conviction expunged from your record is within reach, but you can achieve this goal more easily with the help of a lawyer. Contact the Law Offices of Jonathan F. Marshall to discuss your expungement case.
