New Jersey Affidavit in Support of Motion to Order Expungement of Criminal Record

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Multi-State
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US-02246BG
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Word; 
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Description

Expungement is the legal process by which a court removes or erases all records of a criminal conviction, even if it is a felony conviction. If you wish to remove a felony from your record and you are eligible to do so under the laws of the state in which you were convicted, you will have to obtain a court order. If you are successful in having your conviction expunged, your records related to this conviction will be erased and sealed from public view.


All states have different procedures for expunging felony matters. Generally, you must file a motion or petition for expungement with the court that heard the felony charges. All states have different eligibility requirements for the expungement of felony convictions. In almost all states, there are certain types or classes of felony convictions that cannot be expunged, and in a fair amount of states, felony convictions cannot be expunged at all.

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FAQ

Do I need a lawyer to file a petition for expungement? The court system can be confusing, and it is a good idea to get a lawyer if you can. If you cannot afford a lawyer, you can contact the legal services program in your county to see if you qualify for free legal services.

Does it cost to file for an expungement? Yes. In New Jersey, filing a petition for expungement carries a $75 filing fee.

Some of the most common criminal convictions, such as drug possession, simple assault, and illegal possession of weapons, can eventually being removed from your record. Even convictions for vehicular homicide become eligible for expungement after enough time goes by.

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.

The filing fee for an expungement petition is $75. Other costs associated with this method of filing will include photocopying documents, mailing the documents using certified mail, and the purchase of stamps and envelopes. The total cost would be about $200.

Types of Cases Which You Cannot Expunge Criminal Homicide (Except Death by Auto) Kidnapping. Luring or Enticing. Aggravated Sexual Assault. Aggravated Criminal Sexual Contact. Criminal Sexual Contact (if victim is a minor)

Under New Jersey's new Clean Slate expungement provisions, you can have your entire criminal record expunged ten years after you've completed your sentence and paid all fines.

Before you can expunge the record of a conviction, you must wait for a set period beginning when you complete your sentence. For a disorderly persons offense, also known as a misdemeanor, the waiting period is five years, and for an indictable offense, also known as a felony, it is 10 years.

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New Jersey Affidavit in Support of Motion to Order Expungement of Criminal Record