New Jersey Expungement of Criminal Records Package
What is an Expungement?
An expungement is a legal process that removes all records of an arrest or conviction from an individual’s criminal history. In New Jersey, when an expungement order is granted, the records of apprehension, arrest, detention, trial, or final disposition are treated as though they never occurred. This means that individuals can answer no when asked about their criminal history in most cases.
Filling Out the Petition for Expungement
To begin the expungement process, you must complete the Petition for Expungement. This form requires specific details about your arrest or conviction, including:
- Your full name and address
- Date of arrest
- Details of the charge(s) and applicable New Jersey statute(s)
- Final disposition of the case
Once filled out, the petition must be filed in the appropriate county where the arrest occurred.
Legal Framework of Expungement in New Jersey
The expungement process in New Jersey is governed by the New Jersey Statutes Annotated (N.J.S.A) 2C:52-1 through 2C:52-32. These statutes detail the eligibility criteria, filing procedures, and the effect of expungement on one’s criminal history. Understanding this framework is vital for anyone seeking to have their records expunged to ensure compliance with all legal requirements.
Eligibility Criteria for New Jersey Expungement
To qualify for an expungement in New Jersey, an individual must meet certain criteria, including:
- The completion of the sentence, including all terms of probation and parole
- No active criminal charges or pending charges
- Specific waiting periods depending on the nature of the crime
It is essential to review the specific statutory provisions to confirm eligibility before filing.
Avoiding Pitfalls in the Expungement Process
Common errors can delay the expungement process or result in a denied petition. Some mistakes to avoid include:
- Failing to include all required information and documentation
- Not filing in the correct jurisdiction
- Missing deadlines for submissions
- Inadequate proof of service to relevant agencies
Thoroughly reviewing the forms and providing complete and accurate information is crucial.
Supporting Documents for the Expungement Petition
In addition to the Petition for Expungement, several supporting documents may be required, including:
- Proof of the final disposition of your case
- A copy of your criminal history record, if applicable
- Proof of identity, such as a government-issued ID
These documents will support your petition and demonstrate eligibility for expungement.
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FAQ
An eligible person must prepare and file a Petition for Expungement. The Petition for Expungement must be filed in the Superior Court in the county where the arrest or prosecution took place. A judge then decides whether the person should be granted an Expungement Order.
Your whole letter should be about three paragraphs. Begin by telling how you got in trouble in the first place, but keep this part short. Give just enough detail for the employer to understand the nature of your infraction, but do not give too much detail.
Always begin the letter with a formal greeting, such as "Dear Judge...", before composing the rest of the letter. Then, write the first paragraph of your letter by explaining why you are writing, what charge you wish to have expunged, and a short description of why you feel it should be expunged.
I would like to expunge my ex-husband from my memory. Because the court has decided to expunge my criminal record, there will be no evidence of my past misdeeds. The president has the power to expunge any person's criminal history in order to give that individual a fresh start in life.
The letter must state the case and explain the changes that the person made in their life to correct their actions. Examples of life changes are helping others and not getting arrested again.
After the petition is filed, the state's attorney, the state police, and all other notified parties have 60 days to object. If the judge grants the petition, an order is entered, and all state agencies are given 60 days to expunge or seal the record. The total process typically takes about six months.
Currently, as of the time this blog post was written in April of 2017, the current processing time for a New Jersey expungement is approximately 6 months. To understand why the entire expungement process takes this long, below we have broken down each step in the expungement process into approximate time frames.
How much does an expungement cost in New Jersey? Filing Fees: The New Jersey Superior Courts currently charge $75 to file for an expungement. Lawyer's Fees: Every expungement case is different. Some cases may only take a few hours of work, while others might require multiple court appearances.
1Obtain a copy of your criminal record. You can get a copy of your record from the superior court.2Complete probation.3Pay all fines, fees, and restitution.4In the case of a felony, petition the court to reduce charges.5In the case of a misdemeanor, complete and submit CR-180.