Everyone makes mistakes. Unfortunately, when you make a mistake that gets you in trouble with the law, it may follow you for the rest of your life. This can have a detrimental effect, preventing you from getting the job you want, renting or owning the house of your dreams, impact your ability to drive your car, and more. Fortunately, for some people, there is a way out of this rut. If you qualify for expungement, with the help of an attorney, you may attain a clean record once again. If you believe you are eligible for expungement, please read on to learn more about your legal options going forward:
What crimes cannot be expunged?
While in certain cases, you may be able to obtain a “clean slate,” so to speak, the following crimes are ineligible for expungement in New Jersey:
- Aggravated sexual assault
- The distribution, sale, or possession with intent to distribute a controlled substance
What factors determine whether I am eligible for expungement?
There are several factors that you must keep in mind when determining whether you are eligible for expungement. They are as follows:
- If you were arrested for a crime but were never convicted
- Individuals may have no more than three disorderly persons convictions if they have also been convicted of a felony, and up to four if they have not been
- The waiting period for individuals trying to expunge a nonviolent felony is six years
- Juvenile offenses can be expunged after three years
- Though only one felony is eligible for expungement, certain circumstances allow for more than one felony expungement
How does expungement work?
First, your attorney must acquire all records associated with the crime, or crimes, that you seek to have expunged from either the Superior Court Criminal Case Management Office where the arrest took place or through the attorney that originally handled your case. From here, you and your attorney will have to file the Petition for Expungement, write a cover letter that accounts for every document being filed with the court, distribute copies of those files to government agencies who played a role in the case, and attend the hearing to decide on the expungement petition. It is not easy to have your record expunged, so you must hire an experienced attorney who knows the ins and outs of the expungement process.
Contact our experienced Bergen County firm
Kevin T. Conway is an experienced Bergen County criminal attorney handling DUI, DWI, traffic violations, violent crimes, sex crimes, illegal gun possession, shoplifting, and juvenile crimes. Attorney Conway is also experienced in commercial law matters, zoning law, and estate planning. If you need an aggressive criminal lawyer, contact The Law Office of Kevin T. Conway for a free consultation.