Clearing Your Criminal/Arrest Records

Did you know that in New Jersey, people who have criminal/arrest records can clear it ?

Surprised?  In fact this ability to clear one’s criminal/arrest record is statutory.  N.J.S.A 2C: 52-1 et al. provides the means to accomplish this.

The Process is called Expungement.

Expungement is defined as the “extraction and isolation of all records on file within any court, detention or correctional facility, law enforcement or criminal justice agency concerning a person’s detection, apprehension, arrest, detention, trial or disposition of an offense within the criminal justice system. b. Expunged records shall include complaints, warrants, arrests, commitments, processing records, fingerprints, photographs, index cards, ~rap sheets~ and judicial docket records.” N.J.S.A. 2C: 52-1

What does all that mean?

Once an expungement is granted, people with criminal/arrest records, will be statutorily allowed to answer  NO on questions related to their criminal/arrest history, of course with some exceptions.

The bottom line is:

Without an expungement people must answer Yes on their job applications if they ever been arrested, convicted or charged with a crime.

With an expungement.  The answers to those questions will be NO.

To Learn More Visit my Website at www.NJExpungementAttorney.com

The Expungement Law Change

On January 12, 2010, former Governor Jon S. Corzine signed into law “Revision A-1771/S-3061 (Watson Coleman, Spencer, Gusciora, Evans/Rice) – [That] Revises eligibility for expungement of criminal and juvenile delinquency records.”

“This act shall take effect on the 60th day after enactment.”

March 13, 2010

This act affects the following expungement statutes:

2C:52-2

2C:52-4.1

2C:52-14

More will come explaining  how the changes to the law will broaden the scope of eligibility.

i.e. The 10 yr waiting period, Cases that involve sale or distribution charges, and Juvenile Delinquency cases.

DO I HAVE TO APPEAR IN COURT ?

In most cases – NO, your appearance in court is rarely necessary so you won’t have to take any time from your busy schedule to attend court.  An attorney will appear in court on your behalf. Only in extremely rare cases will a judge request for you to appear in court.

When Does The Time Period Begin to Run?

As you may already know, in order to be eligible for an expungement you must wait a specific period of time, depending on the charge(s).

One very common misconception is that people believe that the time period begins to run from the date of the arrest or court appearance.

In fact, that is INCORRECT.

Type Of Charge: Time Periods

1. Indictable Offense - “10 years from the date of the conviction, payment of fine, satisfactory completion of probation or parole, or release from incarceration, whichever is LATER” N.J.S.A. 2C:52-2
2. Disorderly or petty disorderly persons offenses – “5 years from the date of his  conviction, payment of fine, satisfactory completion of probation or release  from incarceration, whichever is LATER” N.J.S.A. 2C:52-3
3. Ordinance -”2 years from the date of his conviction, payment of fine, satisfactory completion of probation or release from incarceration, whichever is LATER” N.J.S.A. 2C:52-4
4. Juvenile delinquent -”5 years have elapsed since the final discharge of the person from legal custody or supervision or 5 years have elapsed after the entry of any other court order not involving custody or supervision” N.J.S.A. 2C:52-4.1(b)(1)
5. Young Drug Offenders -” not less than one year following conviction, termination of probation or parole or discharge from custody, whichever is LATER” N.J.S.A. 52-5
6. Arrests not resulting in conviction – (A) Dismissed (without PTI or CD)- “may at any time following the disposition of proceedings” N.J.S.A. 52-6(a)    (B) PTI or CD -6 months after the entry of the order of dismissal. N.J.S.A. 2C:52-6(b)

WHO IS ELIGIBLE TO EXPUNGE THEIR RECORD?

The answer to this basic question depends on many factors.  You need to consult a licensed NJ Expungement Attorney to determine whether you are eligible.  However, here is a brief run down of some of the factors.

Some Factors:

1. The conviction charge, whether it was an indictable offense, disorderly persons offense, a municipal ordinance or other types
2. The amount of arrests.
3. The amount of time that passed from the date of sentencing.
4. Whether the charge you were convicted of, is a charge that is excluded from eligibility.
5. If you expunged your record before.
6. If you have any pending charges against you.
7. Whether you completed your Sentence requirements.

These are just some of the factors.  That is why you need to consult a licensed expungement attorney.

Disclaimer

The information contained in this Blog is provided for informational purposes only, and should not be construed as legal advice on any subject matter. No recipients of content from this Blog, clients or otherwise, should act or refrain from acting on the basis of any content included in the Blog without seeking the appropriate legal or other professional advice on the particular facts and circumstances at issue from an attorney licensed in the recipient’s state. The content of this Blog contains general information and may not reflect current legal developments, verdicts or settlements. The Firm expressly disclaims all liability in respect to actions taken or not taken based on any or all the contents of this Blog.