Making Life Easier by Sealing Records. That is why it is important to consult with an experienced Monmouth County expungement lawyer about your options. The statutes and the offenses for which you were arrested, taken into custody as a juvenile, convicted or adjudicated delinquent. Our expungement lawyers have the knowledge and experience with the New Jersey expungement statute to give you the information you need to proceed. Can I expunge my restraining order NJ | Restraining Order Expungement Lawyers. Number, arresting agency, criminal charge and corresponding statutory number, arrest date, and. If you are convicted of breaking a municipal ordinance, the waiting period for expungement is two years.
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It's important to keep in mind this situation is in flux because there are bills in legislation that may drastically change the laws associated with marijuana use and possession in the next year or two. Detention or correctional facility (jail or prison). Every offense or arrest requires a different amount of time one must wait before the expungement is. Our lawyers discuss how and what can be expunged on this page. To discuss your eligibility for an expungement with one of our expungement attorneys, contact our offices in Toms River today at (848) 238-2100. An expungement also means that you no longer have to legally disclose a past arrest or conviction on applications that ask such questions. Disorderly Persons Offenses. Expungement attorneys in new jersey. It also says "even though your records may be eligible for expungement if you miss any of the required steps, your Petition for Expungement may be denied. Disorderly Persons: Three To Five Years.
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We serve clients in cities throughout Middlesex County and the rest of New Jersey. The Certificate of Rehabilitation is an avenue to being eligible for a professional license despite a criminal record that can't be expunged. The State finds the unfulfilled "statutory prerequisite" in these words:This chapter shall be construed with the primary objective of providing relief to the one-time offender who has led a life of rectitude and disassociated himself with unlawful activity, but not to create a system whereby periodic violators of the law or those who associate themselves with criminal activity have a regular means of expunging their police and criminal records. Expungement lawyers in monmouth county nj jobs. Having an experienced, aggressive criminal lawyer is critical to obtaining an expungement of your criminal, disorderly persons, or Municipal ordinance record, and can help to reestablish your good name. After your record is expunged, if asked whether you have ever been convicted or charged with an offense or crime, you may answer, simply, "no. Expungements are complex processes that require the guidance of a knowledgeable New Jersey expungement lawyer.
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Even if you have exceeded the number of convictions of crimes and/or disorderly persons offenses that would ordinarily make you eligible for expungement, you may expunge otherwise eligible convictions after 10 years under New Jersey's new "clean slate" provisions. Let's say, sometime in your youth or your past - a decade or more ago - you were a rascal, a little outlaw, a bit wild and got into things that were against the law: Drove drunk and got caught, started a fight with a New York Giants hooligan and did some damage, robbed a 7/11 for a large Slurpee and some Mallow Bars and got pinched, fudged your taxes a bit but not good enough. An offense is a petty disorderly persons offense if it is so designated in this code or in a statute other than this code. New Jersey Expungement Attorneys | Expunge Your Criminal Record. Theft and property crimes. Still, we see that, as in so many of the provisions of the Code of Criminal Justice, the Legislature has improved and advanced the administration of justice.
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We can go over the paperwork and let you know whether or not you are eligible for an expungement. Specific information will need to be obtained about the criminal offense such as: - a summons or complaint number. We successfully helped clients erase heroin possession, aggravated assault, stalking, eluding, terroristic threats, theft by deception, receiving stolen property, possession of marijuana with the intent and cocaine possession charges from their record. You must also include two large self-addressed envelopes with the appropriate postage stamped on each. Matawan Expungement Lawyer | Expungement Attorney Matawan NJ. We have nine law offices and relevant contacts in Superior Courts across New Jersey. We affirm that judgment. Call us at 732-246-7126 or contact us online today. If the Order for Expungement is signed, it must then be served on all of the law enforcement agencies and the underlying court. For third and fourth degree convictions of Possession of CDS or Controlled Dangerous Substance there is an avenue to expungement, but you have to make a solid case that it's in the "public interest" and you have to appear in court. The intention of the removal is to make your identifying information unavailable and unnoticeable by any party searching for your records. If your case was dismissed = no waiting period.
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The petition should include information such as your name, address, date of birth, copies of your entire criminal record, and a formal statement requesting expungement. Entire Record May Be Expunged. Documents completed and ready for signature. Beyond that, no matter when the offenses occur, relief should not be granted. This is true even if you were convicted of an indictable crime. Additionally, any conspiracies or attempts to commit any of these listed crimes will also render you ineligible to pursue an expungement in the State of New Jersey. That provision, establishing the statutory grounds for denial of relief, comes into play when[a] person has had a previous criminal conviction expunged regardless of the lapse of time between the prior expungement, or sealing under prior law, and the present petition. Expungement lawyers in monmouth county nj canada. We are available immediately to assist you and consultations are always provided free of charge. The state has outlined several crimes, primarily felony convictions, that are ineligible for expungement under New Jersey Law.
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For although it may have broadened, in some sense, the relief afforded the disorderly persons offender, it has correspondingly broadened the reliable base of information that will be maintained *428 for law enforcement. The attorneys at the Keith Oliver Criminal Law help clients obtain an expungement of their felony criminal records in courts throughout New Jersey, including the Monmouth County Superior Court. Further, with respect to expungement in the case of sale, distribution, or possession with intent to sell controlled substances (besides marijuana and hashish) in small amounts, you can expunge for similar compelling reasons. We can then distribute the judge's order. Please note that your obligations under Megan's Law and Parole Supervision for Life are unaffected by an expungement. Given the balance the Legislature has struck, we are satisfied that it would not want to impose broad permanent disabilities on two-time disorderly persons offenders. Thus the framers of the 1979 "Consensus Amendments" to the Criminal Code combined these several provisions and others dealing with drug and juvenile offenses into a single chapter, Chapter 52 of the new Code of Criminal Justice. Our lawyers handle all of the detailed paperwork and procedural requirements necessary to actually get a clean record.
We will give you our honest feedback and allow you to make the call whether or not you would like to petition the court for an expungement. Monmouth County NJ Felony Expungements Lawyer. Once your records are expunged, you can legally answer "No" to application or interview questions about your past criminal record. Our lawyers can help you through the process of having the arrest removed from your record so that you can put the mistake in the past. Even if you've successfully acquired an expungement in the past, if you meet all other criteria, you could start the process of having your entire criminal record wiped clean.
You were arrested, but the charges against you were dismissed. Expungement Order, which will be signed by the judge if your Petition for Expungement is granted. On September 7, 1982, A. filed a petition to expunge his Ocean County disorderly persons conviction. You were convicted of a municipal ordinance violation.
Only one indictable crime may be expunged, although multiple related crimes listed in a single judgment may all be expunged at once under certain circumstances. The prosecutor has the right to object to the petition and, if they do, a hearing will be set before the court to address any legal objections. My offices are located in Atlantic County and Cape May County. Decided February 11, 1985. Distribute copies of your application packet to various law enforcement agencies involved with your case (the list is extensive, you'll need to follow directives on the New Jersey Courts website). If that section [32] wasn't in there, it might very well be that it didn't really matter how many there were, but I think the law is clear and I think I have to uphold it and so I will deny the application. Can represent you throughout the entire state of New Jersey, including the Counties of Burlington, Monmouth, Ocean, Middlesex, Hunterdon, Somerset, Bergen, Passaic, Essex, Union and Hudson; and. Unfortunately, New Jersey's expungement laws do not allow for motor vehicle infractions, including driving while intoxicated offenses, to be expunged. The New Jersey expungement process removes criminal records from widespread access and shields them from background checks. If you would like to know more about expungement, please call for a free consultation. I have assisted people in expunging their criminal records in the State of New Jersey for many years.
Argued October 23, 1984. Instead, expungement involves the sealing of a criminal record from public access. NJ law regarding expungements is complex. The plain language of this statute reveals that, in nearly all instances, if you are questioned about the existence of an arrest or conviction you may legally deny that such an event ever took place. If a defendant is convicted of the crime, it is even more important to assess eligibility for expungement. Although the amount of time it can take to expunge your record can vary from person to person, having a knowledgeable attorney working on your case can definitely speed up the process.