Navigating the Expungement Process: Tips from an Experienced Lawyer

If you have been prosecuted for a crime in New Jersey, you may be imprisoned, fined, ordered to pay restitution, and, in some cases, required to perform community service. Even after your sentence is complete, you may face collateral consequences. These consequences can impede your ability to find suitable housing and a well-paying job and can even ruin your career aspirations.

In some cases, having your record expunged may be a viable option. This will allow you to remove your arrest and all related court proceedings and sentencing information from your record. However, serious felonies, DUIs, and traffic offenses are not typically eligible for expungement.

In New Jersey, you will likely have to wait five years after your sentence is completed to apply for expungement. However, under The Clean Slate Act, your record will automatically be expunged ten years after serving jail time, probation, or parole. If you do choose to expunge your record before this time, you will want to seek guidance from our South Jersey criminal defense lawyers.

Obtain Your Criminal Records

Prior to filing for an expungement in The Garden State, you will need to obtain your criminal records, providing the following information:

• Date of your arrest
• Offenses for which you were arrested
• Original indictment, accusation, and other court pleadings
• The final outcome of your case
• Your specific punishment

If you were found guilty of felony charges, then the court would have issued a Judgment of Conviction. This will include the complaint (the formal charge of the crime), the plea (guilty, not guilty, or nolo contendere), the findings, the disposition, and the imposed sentence. If you were convicted of a misdemeanor, infraction, or other minor criminal offense, then you will need to provide a municipal court disposition.

If you had an attorney at the time of your arrest or conviction, you can reach out to them to see if they have retained copies of your records. If you are not sure how to obtain your records, we will write to the court to obtain them on your behalf.

Complete Expungement Forms

When you hire the South Jersey criminal defense lawyers at The Law Office of Christopher St. John, we will draft the expungement petition and send it to you for review. You will need to sign the expungement petition in front of a notary public. Additionally, an Order for Hearing form will be used to arrange your hearing, which is usually scheduled 35 to 60 days after the judge receives your petition. If your expungement is granted, then you will complete the Expungement Order, which will be signed by a judge.

Attend Your Hearing (If Applicable)

At your scheduled hearing, the judge will make a decision on whether or not to grant your expungement. You will not be required to attend unless the County Prosecutor objects to your request.

File and Serve the Expungement Forms

Once the Petition for Expungement, Order for Hearing, and Expungement Order are filed with the court, you will need to serve these documents by certified mail (return receipt requested) to several government agencies, including the state Attorney General, the County Prosecutor, the courts, the police departments, and the prison warden where you served time.

Contact a South Jersey Criminal Defense Lawyer

Representation is a must to streamline the expungement process. When you obtain our South Jersey criminal defense lawyers, you are working with counsel who will make sure that court forms are being completed accurately. We will track deadlines to make sure that all forms are submitted in a timely manner to the appropriate agencies and parties.

Filing for Expungement? Contact Our South Jersey Criminal Defense Lawyers Today

Getting your record expunged in New Jersey can be a confusing and tedious process. If you have a criminal record and are wondering if you qualify for expungement, do not hesitate to contact our legal team. To arrange your free consultation, contact us online or by phone today.