An arrest record or conviction can seriously impact a person’s future. An arrest or conviction can affect one’s ability to get a job, housing, and may even impact schooling. If eligible, one can solve this problem through the process of expungement. Expungement is a way to “clear” one’s criminal record from the public eye. Though some law enforcement agencies will have a record of the event, businesses and individuals who conduct background checks will not have access to this information. This process functions to provide a fresh start to the eligible party. The law also provides the removal of records of arrests that did not end in conviction. The state of New Jersey has limited rights to expungement. Many crimes cannot be expunged and discussing this matter with an experienced criminal defense attorney. If you need an expungement lawyer to guide you through the process, contact The Vigilante Law Firm for a consultation.
Expungement in New Jersey
New Jersey law defines who is eligible to expunge a criminal record. Some of the criminal activities that cannot be expunged in New Jersey include violent crimes, crimes against children, and more. Eligibility and waiting periods for expungement depend greatly on the offense, the number and nature of the offenses, and how long ago the offense was committed. To apply for expungement, you need to file a Petition for Expungement with the Superior Court in the county where the arrest or prosecution took place. A judge will decide on the matter. If eligible, the court will issue an Expungement Order.
Eligibility for Expungement
It can be challenging to determine whether you are eligible to have your criminal record expunged in New Jersey Most crimes require a minimum of a 5-year waiting period before they can become eligible for expungement. Additionally, it is important to be aware that not all crimes are eligible for expungement in New Jersey. Some crimes that are never eligible for expungement in the state of New Jersey include the following:
- Murder
- Kidnapping
- Aggravated Sexual Assault
- Robbery
- Arson
- Perjury
- Distribution of controlled substances
- Sale of controlled substances
- Possession with intent to distribute controlled substances
Contact an Experienced NJ Expungement Lawyer
Clearing your record of an arrest or conviction can make a world of difference. If you are eligible for an expungement in New Jersey, you should act quickly once the waiting period is over. If you need legal advice from an experienced attorney, our firm is here to help. Expungement is a complex and document-heavy process that deserves the attention of an effective legal team. The Vigilante Law Firm has over 30 years of experience helping clients across the state of New Jersey through the process of expungement. We understand that people make mistakes and we are here to help them move on to a better life without the restriction of a criminal record. If you need our help, contact The Vigilante Law Firm for a consultation.
