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The Expungement Process In New Jersey

  • By: Eric Hannum, Esq.
  • Published: October 9, 2015
The Expungement Process in New Jersey

If you have a criminal conviction on your record, you could potentially have that charge removed through a process known as expungement. When you expunge a conviction from your criminal record, it is not removed from your record completely. Rather, it is “hidden” so potential employers, landlords, and others who might make a judgment about you based on your criminal record can not see that you have previously been convicted of a crime. Expunging your record gives you the privilege testifying that you have never been convicted of a crime on school applications, in court, and during an interrogation.

Not all convictions can be expunged. Similarly, expunging your record does not prevent all employers from accessing your public record – if you apply for a law enforcement or corrections job, you need to disclose your conviction history to your prospective employer. Having a criminal record will not disqualify you from these professions, but you can not hide your criminal record from these types of employers.

Which Offenses Can Be Expunged?

Most criminal convictions can be expunged from your record if you meet the requirements for expungement. The offenses that can not be expunged are as follows:

  • Crimes against children
  • Murder
  • Arson
  • Manslaughter
  • Most sex crimes
  • Motor vehicle offenses
  • Some drug offenses

Expungement Requirements In New Jersey

To expunge a conviction from your record, you need to meet certain requirements. These requirements are as follows:

  • You have no charges currently pending
  • It has been at least ten years since you completed your sentence for the offense you seek to expunge if it is an indictable offense; two years if it is a municipal ordinance violation
  • You have no other convictions in the United States
  • You have not had a previous expungement
  • You have three or fewer disorderly persons offenses on your criminal record
  • You have not previously had charges dismissed through pretrial intervention

The Expungement Process

Work with an experienced criminal defense attorney to complete the expungement process. You will need to compile a folder containing all relevant details about your conviction:

  • The date it occurred
  • The statute and offense under which you were convicted
  • The docket, complaint number, indictment number, or accusation or summons number for your case
  • The date of your conviction, dismissal, or verdict of “not guilty”
  • Details of your disposition

These documents need to be submitted to the Superior Court of the county where your conviction occurred along with a petition for expungement. Your attorney can help you gather these documents and write your petition letter. If your petition is accepted, your criminal record will be hidden from the public and its details will be deleted from the New Jersey criminal case management database.

For legal guidance you can trust, contact The Law Office of Eric B. Hannum Esq., LLC. at (732) 365-3299 today. When you call, you can schedule your free legal consultation with our firm to learn more about the expungement process. Do not wait to make the call – we can help you clear your record and open up new opportunities. We serve clients in Mercer, Burlington, Ocean, Monmouth, and Middlesex counties.

Eric Hannum, Esq.

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