What is the Expungement Process?

Expungement

The expungement process is broken down into four steps. In order for this plea to run smoothly, the individual must obtain their criminal record, draft a petition for expungement, prepare for their hearing, and hopefully move on to gain a second chance. A lawyer can help with the entire expungement process.

If an individual is seeking to expunge their record, they must be aware of their charges in full detail. Following that, the date and location must be known when a plea is presented. It is also vital that the individuals knows whether their offense resulted in the following: arrest only, conviction, or deferred disposition. A deferred disposition could be pretrial intervention, a conditional discharge, or a conditional dismissal.

Every offense must be listed on the expungement application, even if it did not result in a conviction. If the client fails to include any arrest, this could result in their petition to be expunged to be rejected and refiled at an additional expense.

Gain Access to the Criminal Record

Once the criminal record is obtained, it is important to know the details in the case, be aware of the charges, results, and any other information needed when attempting to make a expungement plea. During this stage, it is also imperative to know the penalties of the case. Some penalties may include the following: jail or prison times, probation, parole, and fines and fees. At such an early stage, a client is encouraged to know the facts, gather all their information, and prepare for what is to come. These are simple steps, but there is no room for error.

Draft Petition for Expungement

At this point, a lawyer should be obtained and informed of the case at hand. During this process, the lawyer will take the information that the client provided or what is stated in the criminal record and create a draft. This will be the draft of a petition for expungement.

In this letter, information related to the timeline of the crime will be explained in great detail. The information defining the individual will be extremely specific to ensure that they are working on expunging the correct person’s record. This stage is very critical, especially if the client has a very common last name.

The petition will describe to the court where the arrest took place and provide information regarding the arrest as well as the result. Once this petition is sent and filed, an order for a hearing date will go into action. Once the receipt for the petition and order is present, the court will then assign a date for an expungement hearing.

Hearing

When it comes to expungement, they are very rarely contested. If there is no challenge to the expungement, then the court will sign an order to expunge the applicable arrest, conviction, conditional discharge, and conditional dismissal from the individual’s criminal record.

Resolution

Once a clean record is granted, a second chance is given to the client. This means that the client can answer “no” to any criminal background checks, and they can also apply for a firearm in New Jersey unless they are applying to be a judge or lawyer.

South Jersey Expungement Lawyers at Agre & St. John Help Clients Navigate the Difficult Expungement Process

The process of expunging a criminal record is not easy, but a South Jersey expungement lawyer at Agre & St. John can help. Call us at 856-428-7797 or complete our online form for an initial consultation today. Located in Haddonfield, New Jersey, we serve clients throughout South Jersey, including Burlington County, Camden County, Gloucester County, and Salem County.

Statement Regarding Coronavirus Disease ("Covid-19"):
PLEASE READ »

A Message to Our Clients: We Are Here to Help You.

At The Law Offices of Robert N. Agre, we view the safety and well-being of our clients, staff and business partners as our highest priority.

The situation regarding the COVID-19 virus is continually changing, and we are following all recommended guidelines to stay healthy.

Currently, our office is open and we are able to meet with you virtually.

We are responding to emails and voicemails and are happy to arrange phone or video consultations. We are also able to exchange documents via secure drives or email.

Should you have any concerns regarding an upcoming meeting with us, please contact us online or call (856) 428-7797.

Thank you and take care.