What Exactly Is An Expungement?
In this article, you will discover:
- The definition for expungement in New Jersey
- The expungement process and timeline
- When you should disclose an expungement
- If you need an attorney for the expungement process
- Common mistakes when requesting expungement
In New Jersey, an expungement is removing a crime from your record, as if it never happened. According to legislature, you are allowed get a clean slate once in your life for certain crimes and only a certain number of crimes. If you are eligible and the court allows you, you could have a clean record in a few short months.
Walk Me Through The Expungement Process When I Hire Your Firm.
Our law firm usually charges a set fee for most expungements. We would research what convictions the client had and where those convictions are. A person is only allowed to expunge a certain number of indictable convictions and a certain number of municipal convictions. For indictable convictions, a person must wait five years from the time their parole ends, with no other arrests or illegal activities. The municipal court usually requires a wait time of two years to get a conviction expunged. Some crimes are not expungable at all.
How Long Would You Say The Expungement Process Should Take?
The expungement process usually takes about three months, because the process involves sending out notification to all police departments that might have come into contact with the client’s case. Notice is sent to them, so that they can raise any objections to having the client’s record expunged. Then a motion is filed in court to be heard in front of a judge. An expungement court or prosecutor usually only meets once a month, so the case will be scheduled for the next available court date.
Is There Any Way To Expedite The Expungement Process?
There is no official way to expedite the expungement process. The notices might be hand delivered, so that the process could possibly move along quicker. The expungement process definitely cannot be completed within a couple of weeks though.
Will I Need To Disclose My Expunged Record To Anyone After It Has Been Successfully Expunged?
Whether or not you will need to disclose your expunged record depends on the questions that you are asked. For instance, some law enforcement jobs might ask explicitly for you to include anything that has been expunged off your record. It is best that you read any questions about your record very closely to be sure exactly what they are asking. There are times when you might need to disclose what has happened.
Why Do I Need To Hire An Attorney To Handle My Expungement? Should I Just Try It On My Own?
You do not need to hire an attorney to handle an expungement. There is a packet that is available in most counties. Most people find the packet to be tedious and very time consuming, leading them to become overwhelmed. This, in turn, could lead to mistakes, if you are not familiar with the process and paperwork involved. Because of this, hiring a lawyer can take this labor-intensive task off your plate, and you know that it will be done carefully and correctly.
What Are Some Common Mistakes That You See People Make When They Do Try And Handle It On Their Own?
The most common mistake that is made when someone tries to handle an expungement on their own is that they do not list all of their arrests. They might forget about a ticket, or they might not realize they need to list lesser charges. Then the state police will find that mistake and reject the expungement application.
For more information on Expungements In New Jersey, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (856) 499-8066 today.