Can Updates to the New Jersey Expungement Law Help Clear Your Record?

January 16, 2011

While any involvement in the criminal justice system is a serious matter that can affect a person's future, options exist for clearing a criminal record after an arrest or conviction. Title 2C of the New Jersey Code of Criminal Justice provides for expungement, meaning "the extraction and isolation of all records on file within any court, detention or correctional facility, law enforcement or criminal justice agency concerning a person's detection, apprehension, arrest, detention, trial or disposition of an offense within the criminal justice system."

Amendments to New Jersey law in 2010 have provided wider discretion to judges to grant expungement applications and reduce the waiting period for clearing a criminal record down to five years. The criminal code defines the expungement waiting period as ten years from the date of a conviction, payment of a fine, completion of probation or parole, or release from incarceration, whichever of these events happened latest. But the revised version creates exceptions if a judge finds a public interest justification in light of the nature of the offense and the applicant's subsequent character and conduct.

Many criminal offenses are subject to expungement if certain conditions are met, including:
- Indictable offenses
- Municipal ordinance violations
- Arrests not resulting in a conviction
- Disorderly Persons offenses and Petty Disorderly Persons offenses
- Convictions of Young Drug Offenders

The new law expands the list of expungeable indictable offenses to third- and fourth-degree drug crimes, and existing provisions favor those convicted of low-level marijuana and hashish sales. However, homicide, arson, robbery, kidnapping, rape, luring and other crimes cannot be expunged under New Jersey law, and the revised statute adds human trafficking, terrorism and child sexual endangerment to that list.

In essence, this means that even if you were convicted of a crime that has a penalty of a year or more in prison, you are likely eligible to clear your record if sufficient time has passed and the petition concerns the only criminal charge you have ever pled guilty to or been convicted of. With so much at stake, it makes sense to consult with a criminal defense attorney to assert your right to remove a bad mark that stands in the way of a productive future.

A New Jersey Expungement Lawyer Can Explain Your Options and Prospects

A criminal record can have a negative impact on many opportunities that require a background check, from job applications to security clearances, educational opportunities, mortgage applications, housing options and professional licenses. In today's difficult economy and extremely competitive job market, every distinguishing item in a person's background can make a difference. For that reason, it makes sense to work closely with an experienced New Jersey criminal defense lawyer to help you make the most of your legal options for a fresh start.

Given the new law's reduction of the waiting period, an attorney can provide a great deal of insight about proving to the court that your character and conduct since you paid your dues to society justifies immediate and early expungement of your criminal record. A lawyer will also ensure that you provide accurate information about the offense, including the summons or complaint number, criminal charge, arrest date, arresting agency, statutory designation, charging documents which must be ordered from the court archives and disposition in court.

Clearing a Criminal Record Quickly and Accurately

In most cases, a court appearance to consider your expungement motion will be scheduled within two to three months of filing an expungement petition. But due to increased interest in NJ expungements because of the revised law, acting quickly is more important than ever.

By reviewing your criminal record with a New Jersey criminal defense attorney, you may also learn about arrests or other incidents that you expected to disappear because of a case dismissal or completion of a diversionary program. The fact is, any brush with the law can remain on your record and tarnish your reputation if you do not take steps to expunge it, even if you were never charged with a crime. Arrests resulting in dismissals are discoverable through background checks and are expungeable. A consultation about expungement eligibility in New Jersey with a criminal defense law firm can be the first step to establishing a sound reputation and a gateway to future success.

Article provided by Iler Law Firm
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