New Jersey Expungement Lawyer
If you have ever been charged with a crime, you have a criminal record. If you have ever been arrested, 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 N.J. 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 Howard Bailey at 973-982-1200 to discuss what steps need to be taken to clear your record.
The Expungement Process
Are you eligible to get your record cleared? The most important factors are what were you convicted of (if you were convicted or entered a guilty plea), when were you arrested, charged or convicted, and what was the sentence or outcome. Just because the case was dismissed, does not get the record cleared. You do need to file an expungement petition with the N.J. Superior Court to get it expunged. The process requires that you file a verified petition with the Superior Court in a County where you had at least one of your cases. 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 approximately 4-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 fingerprints checked through the State Police. Once you get the printout, go to each Court where you had a case and get the results of the case. Then check the number of convictions or other dispositions to see whether you have too many convictions to qualify to get your record cleared.
Expungement of Your Record Before the 10-Year Period Is Over
In a recent case, Howard Bailey convinced the Court to grant his client an expungement after the minimum 5-year waiting period had passed. The statute typically requires a 10-year waiting period, but does allow a petition to be filed after 5-years if the client meets certain additional requirements. Before you decide to pursue this type of relief, call Howard Bailey at 973-982-1200 to discuss what issues can interfere with you getting your record expunged.