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Expungement of Arrests
Erasure/Cancellation of arrests and convictions to avoid embarrassment and disclosure
If someone has been arrested or even have a private criminal complaint signed against him in the Municipal Court, they have a criminal record, even if the charges have been dismissed. Under NJSA 2C:52-1 et seq. past criminal arrests and convictions can be expunged/expunged in some cases. We always recommend that individuals hire an attorney to obtain an eviction. The trial for all deportations are held in the Superior Court. It takes a minimum of three months for the court to grant the expulsion. The requirements are very formal. There can be a waiting period between 6 months to 10 years after the criminal case is over. When you retain a lawyer, you will get a “certified disposition” of the court’s decision, from the Court itself. Court costs and legal fees for removal range from $1,500 to $2,500. Thousands of citizens over the past 30 years have been arrested for criminal, disorderly and ordinance offenses. The courts and the police must keep a record of all arrests and convictions, even if 30 years. These “secrets of the past” could be open to anyone, including the credit agencies. Under one proposal, for a fee of $15.00, anyone could ask the state police for a person’s criminal record, including arrests with not-guilty findings. Allowing access to a person’s past criminal conviction or arrest could open the door to discrimination or job loss against someone who is now a productive, respected and law-abiding citizen. Many employers often conduct criminal background checks on new and promoted employees. Fortunately, if you are a law-abiding citizen, you can now have old arrests or most convictions removed from public records and police files. Under NJSA 2C:52-1 et seq. past criminal arrests and convictions can be expunged/expunged in some cases.
Waiting Periods If you were convicted or pleaded guilty to a disorderly person offense (type of misdemeanor) more than 5 years ago, and you have not been convicted of anything since then, you can have your attorney petition at Superior Court for a Cancellation (Cancellation and removal). ) of your criminal case. The waiting period starts from the full payment of the fines, the completion of the test or other requirements, whichever ends last. If you are guilty of a city ordinance (eg – Seaside Heights Drinking in Public) you can request an Expression after waiting two years. A juvenile delinquent/guilty of a minor may also be removed/expunged under similar circumstances. In addition, minor drug arrests that resulted in the conditional release of the first offender can be removed after 6 months have passed from the end of probation or the conclusion of the court process. Most importantly, arrests on frivolous complaints that did not result in a conviction or if the charges were dismissed, can be removed, without waiting. The waiting period on an indictable charge [guilty plea in Superior Court] he is 10 years old. The following criminal offenses are some of the typical offenses that individuals can petition for expungement: Alcohol Underage 2C:33-15 Arson 2C:17-1 Assault 2C:12-1 Bad Check 2C:21-5 Burglary 2C: 18-2 Conspiracy 2C: 5-2 Criminal Mischief 2C: 17-3 Criminal Trespass 2C: 18-3 Disorderly Conduct 2C: 33-2 Drug Paraphernalia 2C: 36-1 False / Fraud Instrument 2C: 21-3 Harassment 2C:33-4 Impeding Apprehension 2C:29-3 Lewdness / Criminal Contact 2C:14-4 Obstructing Admin. of Law 2C:29-1 Possession of Drugs 2C:35-10 Prohibited Weapons 2C:39-3 Prostitution 2C:34-1 Receiving Stolen Property 2C:20-7 Resisting Arrest 2C:29-2 Shoplifting 2C: 20-11 Stalking: 12-10 Terrorist Threats 2C: 12-3 Theft by Deception 2C: 20-4 Theft of Services 2C: 20-8 Theft Unlawful Taking 2C: 20-3 Wandering 2C: 33-2.1 Weapons Unlawful Purpose 2C: 39-4
THE EXPUNGEMENT PETITION You should contact a lawyer experienced in the management of expungements. The Expungement Petition is filed in the county where the offense occurred, not where the defendant lives. The petition is filed not in the Municipal Court but in the Superior Court. Once filed, the Superior Court will set a hearing in 35-60 days. Your attorney will prepare a Petition for Removal which, under state law, must contain substantial background information, including: a. Date of birth and Social Security # b. Date of arrest c. Status Arrested and Status Convicted d. Original charge, summons or complaint number e. Date of conviction or Date of disposition of the petitioner f. Disposition of the court of the matter and the punishment adopted, if any
Additionally, the Expungement Petition must have an affidavit stating that there are no pending charges and that the petitioner has never previously received an expungement. As per the statute, the applicant’s lawyer must serve a copy of the Petition Order for hearing and supporting documents to the following persons:
1.) Superintendent of State Police 2.) Attorney General
3.) County Attorney of the county where the court is located
4.) The Chief of Police where the event occurred
5.) The head of the law enforcement office of any other law enforcement agency that participated in the arrest
6.) The warden of any institution where the petitioner was confined
7.) the Municipal Court if the disposition was made by a municipal court, 8 County Sheriff if fingerprints are taken.
If it meets all other statutory requirements and there is no objection from the notified entity, the court will generally issue an order directing the Clerk of the Court and all criminal justice and law enforcement agencies to remove ( removes) records of said disposition, including evidence. of arrest, detention, conviction and trial. There are additional requests that the applicant’s attorney must prepare and file. If you have an old offense, it is important that you have the arrest expunged to keep your name and record clean. All criminal charges, even if dismissed, will remain on your record forever unless the expungement order is granted by a Superior Court judge.
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