Webster’s Dictionary defines expungement as “to cancel out or destroy completely.” In the legal world, getting your record expunged means courts regard you as though your crimes never occurred. What offenses can be expunged? For how to expunge in New Jersey, what does the process look like? Should you pursue it?
What can be expunged?
First, unfortunately, New Jersey does not have a very long list for what you can expunge.
Offenses that may be expunged include:
- Charges that were ultimately dismissed (unless it was due to a finding of insanity or lack of mental capacity).
- Disorderly persons offenses
- Minor drug offenses
- Municipal ordinance violations
Convictions that CANNOT be expunged include:
- Murder
- Robbery
- Arson
- Felonies and first degree misdemeanors in which victim is under 18 years old.
- Rape
- Various sexual offenses
- Endangering the welfare of children
- Perjury
Expungement Process in New Jersey
Second, the process to get offenses expunged in New Jersey mimics a lot of other states. Moreover, it usually takes about six months to complete. We provide the step by step process here.
- Obtain Criminal Records – this is necessary to begin drafting the expungement petition.
- Submit an Expungement Petition – you and your lawyer will need to draft, notarize, and file an expungement petition with the court.
- Serve the Expungement Petition – once a copy of the “filed” expungement petition is returned to you, it will be “served” to all applicable government agencies.
- Attend Appearance (if necessary) – sometimes you will be required to appear before a judge after the expungement is filed.
- Serve Expungement Order – after appearing before a judge, your lawyer will receive an expungement order that will be served to all applicable government agencies, including: the courts, police departments, probation, FBI, etc.
Is It Worth It?
Finally, after reading that list it may seem like you face a long and tedious process. We all know the stigma that comes with having a criminal record. It’s harder to get a job, obtain certain licenses, advance your education, or even obtain a loan. Furthermore, it does not seem fair to have to suffer for a mistake you committed long ago. Especially if you already served your time.
Thankfully, you do not have to face this process alone! Mark Catanzaro brings over 30 years of experience in both State and Federal courts. Additionally, if you want a hard-working and intelligent attorney, look to him. So, contact him today!