When am I Eligible for Expungement?

Criminal Record - Expungement

If a person has only been indicted for one offense throughout their lifetime, they are eligible for expungement in the state of New Jersey. If a person has been indicted on two indictable offenses, they will not be eligible for expungement.

Clearing up an eligible criminal record can provide benefits to a person for years. They might not think it important until they find themselves in a situation where they have to consent to a criminal background check. There are some instances in New Jersey when a person can have their crimes expunged from their record. There are also provisions where they can have their entire record expunged.

What is Expungement?

Expungement is the act of removing or sealing any record of an arrest or conviction. Once a record has been expunged, it is no longer visible on a routine search. It is also unnecessary for a person to reveal the records to anyone who might ask about it. Going through the process can be long and tedious. A person who is looking to have their record expunged should hire a lawyer who can help them with the process.

The eligible offenses have waiting periods that a person must go through before applying for expungement. For instance, a person looking to expunge a disorderly persons offense must wait four years after they have served their sentence for the crime before applying for expungement. Once they wait out the designated time, an applicant will then fill out a petition for expungement, an order for a hearing, an expungement order, and proof of notice. Once they fill out all that paperwork, they must mail it along with the appropriate filing fee to the applicable court. It is essential that all the proper paperwork be filled out correctly and submitted, otherwise it could jeopardize a person’s chances of getting the expungement granted.

Are All Crimes Eligible for Expungement?

Not all crimes are eligible for expungement in New Jersey. Some of the more major ones cannot be removed because of the severity of the crime. Some of the crimes ineligible for expungement include:

  • Kidnapping
  • Aggravated sexual assault
  • Luring or Enticing
  • Anarchy
  • Manslaughter
  • Arson
  • Murder
  • Conspiracy
  • Perjury
  • Rape
  • Robbery
  • Treason

In addition, drinking under the influence (DUI) convictions are also not eligible for expungement in New Jersey because they are considered traffic violations.

What is the Clean Slate Law?

In 2019, a New Jersey legal was signed that greatly enhanced a convicted criminal’s ability to have their record expunged. Under the law, if a person does not receive a criminal conviction in 10 years, they can have their entire criminal record expunged. The same requirements for a normal expungement would apply with the Clean Slate Law in that a person must fulfill their obligations under their final conviction.

All crimes that would make a person ineligible for expungement would also make them ineligible for the Clean Slate Law. Even if a person has also received an expungement from a previous crime, they can still be eligible to have their entire record cleared.

Why Should I Get an Expungement?

A person’s criminal history can wreak havoc on a person’s life years after they have been convicted or arrested for a crime. When applying for a job, loan, or to rent an apartment, a routine criminal background check is part of the process. However, if there is something listed on there that the person does not like, it could disqualify them from the job, loan, or apartment.

Even if the crime is nothing nefarious, it could be enough to scare a person from moving forward. If a person can remove that problem from their record, it could mean that they will not have to report it or explain it. A knowledgeable lawyer will be able to assist their client with expungement.

South Jersey Expungement Lawyers at Agre & St. John Help Clients Understand the Expungement Process and Help Them Manage it

The expungement process can get cumbersome with different forms to fill out and deadlines to meet. It is imperative that you hire an experienced lawyer that knows the process. A South Jersey expungement lawyer at Agre & St. John has the experience you will need to help you get the expungement you are looking for. Contact us online or call us at 856-428-7797 for an initial consultation. Located in Haddonfield, New Jersey, we serve clients throughout South Jersey, including Burlington County, Camden County, Gloucester County, and Salem County.

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