As Your New Jersey Expungement Lawyer, Clearing Your Record is Our Goal
If you have ever been charged with a crime, you have a criminal record.
If you have ever been convicted of a crime or an offense, you have a criminal record.
Having a criminal record happens whenever you become the target of a criminal investigation and the cops use the courts to issue a warrant or a summons. You do not need to be convicted to have a criminal record. If you have a NJ criminal record, you can get your record cleared if you meet the conditions for being granted an expungement.
If you are considering whether you can expunge your NJ criminal record, contact Bailey & Toraya, LLP at 973-982-1200 to discuss what steps need to be taken to clear your record.
The Expungement Process. I May Be Able to Help You Over the Phone. The Call is Free
First step: Are you eligible to get your record cleared? There are several types of expungements, and whether you are eligible for this relief depends upon your complete criminal record. The first step you should take is to get a fingerprint-based background check done. If all your charges were in NJ, you can initiate this background check through the NJ State Police Website at New Jersey Criminal History Records Information | New Jersey State Police (njsp.org) If any of your charges were in any State or Federal Jurisdiction other than NJ, you can initiate this background check through the FBI at Identity History Summary Checks — FBI You will need the case history for every charge, as your eligibility depends upon your entire record, regardless of whether the charges were filed in NJ.
Second Step: What were the specific charges that were originally filed against you? When were they filed? What were the final charges if you were sentenced? What sentence was imposed by the Court? Do you have convictions on more than one date? In more than one State? You can save time and legal fees by obtaining the ‘Disposition Sheet’ (also called a Judgment of Conviction) for every case you have had, in every State where you had a criminal case. You can request these yourself from the Courts your cases were in, or your lawyer can request them based upon your fingerprint-based background check.
Eligibility Review: The most important factors are what were you convicted of (regardless of whether you were convicted after trial or entered a guilty plea); when were you arrested, charged or convicted; and, what the sentence was. In the past, just because the case was dismissed, did not automatically clear the record. Under current law, some cases may be cleared, but you will not know what cases were cleared without doing the background check. If your record does show cases that you are eligible to have expunged, you do need to file an expungement petition with the N.J. Superior Court to get it expunged.
The Process: You will need to file a petition with the NJ Superior Court. If you meet all of the requirements listed in the statute, you will get the relief you are seeking. If you do not meet the requirements, you will be denied relief, and in some cases the denial can be permanent. The entire process from filing, to the Court deciding whether to grant your petition, takes more than several months, assuming nothing goes wrong.
Some Charges Cannot Be Cleared From Your Record
The statute lists some crimes that cannot be expunged, ever. The charges that cannot be cleared are listed by statutory citation. The easiest way to see whether your record of convictions can be cleared is to get your fingerprint-based background check. Once you get the printout, call Bailey & Toraya to discuss your next steps, your options and the anticipated legal fees.
Expungement of Your Record Before the 10-Year Period Is Over
In a recent case, we convinced the Court to grant his client an expungement after the minimum waiting period had passed. The statute typically requires a waiting period but does allow a petition to be filed earlier if the client meets certain additional requirements. Before you decide to pursue this type of relief, call Bailey & Toraya LLP at 973-982-1200 to discuss what issues can interfere with you getting your record expunged.