5 Important Tips for a Successful Expungement in New Jersey

Expungement, or sealing criminal records from public view, can help you secure employment and avoid the lasting effects of adverse public records. While the process can be complicated, getting your charges expunged in New Jersey under certain circumstances is possible. These tips will help you with a successful expungement in New Jersey.

1. Contact an Experienced Attorney

If you are serious about expunging your criminal record, then you need to contact an experienced New Jersey expungement attorney. The attorney will be able to tell you if you are eligible for an expungement and will help guide you through the process. They will help you to collect all your criminal records from every jurisdiction in which you have been convicted, including municipal court cases. They will also compile all necessary documents and forms to complete your petition.

In addition, they can also provide invaluable assistance in navigating the sometimes complicated legal system. An attorney's experience will make a difference in ensuring that you do not miss any critical steps or deadlines during this process. Your attorney will issue a motion with the court for an order of expungement on behalf of the client.

2. Understand the Timelines for Filing an Expungement Petition

Before you even begin filing an expungement petition in New Jersey, it's essential to understand the timelines involved. The general rule is that you must wait five years after the completion of your sentence before you can file, but there are some exceptions to this rule. If you have a conviction record of a felony, you must wait ten years. However, if you want to erase from public view a history of an aggravated felony, you must wait twenty years. However, under some circumstances, you can still qualify for an expungement much sooner than these timeframes dictate.

For example, if you have commited indictable criminal offenses, instead of the five-year waiting period, you can apply to expunge the offenses in four years under specific compeling reasons. Also, if you receive a pardon from the Governor of New Jersey, you will be eligible to file as soon as your pardon is granted or until one year after being released from parole. Also, to seal a juvenile offense from public view, you must wait until you turn 18.

3. Avoid any Convictions During the Legal Waiting Time

To even be eligible for an expungement in New Jersey, you must first ensure that you do not have any convictions on your record during the legal waiting time. The legal waiting time is typically 5-10 years, depending on the severity of your offense. If you are still within the legal waiting time, do whatever you can to avoid any convictions, even if they are just traffic violations.

You don't want anything to stand in the way of getting an expungement when it's finally your turn. That way, you can remain clean and make it easier for you and your lawyers to prepare for an expungement hearing. A conviction at this point will most likely disqualify you from having an expungement approval.

4. Ensure You Complete Paying Your Fines

To be eligible for an expungement in New Jersey, you must ensure that you have completed paying all your fines related to the charges. That includes any restitution that the court may have ordered. You can not get an expungement if you are currently on probation and have not yet finished it. You also need to ensure that there are no other outstanding warrants or judgments against you.

You will also need to wait at least five years after the completion of your sentence before you can file for an expungement. For example, if you have a conviction history of petty theft, you would only need to wait two years after your sentence is complete to file for an expungement.

5. Avoid Making Mistakes and Follow The Expungement Rules

Documentation is critical to your success. However, if you make mistakes on the expungement paperwork, it will lead to a denial of your petition and potentially even an arrest warrant against you! So it's important to know what you're doing before you start working on an expungement. It's crucial to avoid mistakes because any mistake can result in delays or setbacks in your expungement process.

Also, understand and follow all expungement petition rules and guidelines set forth by the court. You must not wait until the last minute to complete your expungement process because there are strict deadlines for conducting this type of legal document. If you miss this deadline, you may not be able to get an expungement no matter how persuasive your argument is.

If this sounds like something you need help with, contact a team of experienced lawyers in New Jersey to help you understand your particular situation and for personalized legal advice on how to proceed. You don't want to make mistakes or miss anything that could cause a denial of your petition or end up in jail because of an error!

Conclusion

Expunging your criminal record in New Jersey can be complicated, but it is worth it. These six tips will help you navigate the process and give you the best chance for success. If you have a criminal record preventing you from achieving your dreams, an expungement may be the best option. Hiring an experienced lawyer will help you to prove eligibility, file a petition for an expungement and prepare you for any potential questions at the hearing. However, it's also crucial to maintain a clean record after the expungement. It only takes one crime to negate all of your hard work. Be careful with employment background checks, never discuss the details of your past crimes with anyone other than your attorney and close confidants and always follow the law.

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