New Jersey Lawyers Help You Clear Your Record Through Expungement
New Jersey Firm Assists with Criminal and Arrest Record Expungement (N.J.S.A. 2C:52-1)
At Lackey & Miller, LLC, we believe in second chances, particularly for individuals who committed offenses at a young age or during challenging life periods. We understand the importance of a clean criminal record when applying to school, seeking new employment, or applying for a loan. In New Jersey, the law recognizes that many individuals deserve a second chance and permits complete expungement in certain cases.
New Jersey law defines expungement as the “extraction, sealing, impounding, or 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.” An expungement of records includes any complaints, warrants, arrests, commitments, processing records, fingerprints, photographs, index cards, “rap sheets” and judicial docket records.
A person is eligible to have his or her record expunged five years from the date of the most recent conviction, following payment of any court-ordered financial assessment, and satisfactory completion of probation, parole, or release from incarceration, whichever is later. In certain instances, a court may identify compelling circumstances that allow for record expungement after four years. A juvenile adjudication is typically eligible for expungement three years after release from custody or any court supervision, such as probation.
Who is eligible for an expungement of criminal records?
Not everyone is eligible for record expungement. Some offenses, including homicide, kidnapping, robbery, and sexual assault, cannot be expunged in New Jersey. Eligibility is determined based on an individual’s specific criminal record, including the number and types of disorderly persons offenses and indictable offenses, as well as the dates of conviction. In most cases, individuals with only disorderly persons or petter disorderly persons offenses are eligible for expungement. Generally, if an individual has been convicted of one indictable (felony) offense in New Jersey and three or less disorderly persons convictions, they will also be eligible for an expungement.
Each person’s situation is unique, and it is crucial to consult with an experienced criminal defense attorney who handles expungements. It’s important to understand that expungement is not guaranteed, and objections can be raised by the prosecutor’s office or a police department upon petition. In some cases, a judge may deny a petition for expungement, particularly if the court determines that the necessity of keeping the records available to the public outweighs the desirability of expunging them.
Contact a South Jersey criminal defense attorney to discuss your expungement application
Located in Cherry Hill, Lackey & Miller, LLC provides advice on expungement petitions throughout New Jersey. To discuss your case with an experienced attorney, please call (856) 399-0089 or contact us online.