Determining Your Eligibility
Conviction and arrest records often bar people from getting on with their lives in a meaningful way because of the obstacle of an arrest or criminal conviction in their history.
The expungement process is a legal proceeding to ask the court to have your conviction or arrest essentially removed from your record. If granted, future employers and school personnel will not see a conviction in the court system or law enforcement databases.
Expungement laws in New Jersey have recently been updated and the new statutes will go into effect in October 2018. These new laws open the way for more people to qualify for an expungement from the courts. Consult with Robinson & Robinson, LLC, to determine if you are eligible.
How Do The News Laws Affect My Eligibility For Expungement?
If you were involved in pretrial intervention (PTI), the new law now makes it permissible to apply for expungement for certain disorderly persons (misdemeanor) or indictable (felony) convictions.
The statutory waiting period has been shortened from 10 years to six years for felonies. For juvenile offenses, the new law reduces the waiting period from five to three years. Other updates include increasing the number of misdemeanor convictions a person can have and still petition for an expungement.
Generally, you may be eligible for an expungement in New Jersey if you:
- Have no pending or open criminal cases
- Were arrested, but not charged with a crime
- Supply complete and accurate information about your criminal background, including minor offenses, even those that were dismissed or occurred out of state
- Were not convicted of arson, kidnapping, robbery, murder, rape or first- or second-degree possession of a controlled dangerous drug with intent to distribute
- Have allowed the statutory period of time to pass for your municipal, disorderly person or felony conviction
- Were a juvenile when the crimes were committed, but are now an adult with no convictions
The law has other restrictions for qualifying for an expungement, and because there are complex rules, it is best to get an experienced lawyer to assist you with the process for a favorable outcome.
Our Lawyers Can Help You Determine If You Are Eligible For An Expungement
At Robinson & Robinson, LLC, in Millville, our attorneys help clients expunge their criminal records. We have the knowledge and skill you need to clear your record with an expungement and move on with your life.