Keep Your Criminal Record Out of Public View
Expungement means that you do not have to answer "yes" when asked about a criminal record on an employment application. Your record will be expunged from view, but law enforcement will still be able to access it.
An experienced criminal defense lawyer, attorney Robert A. Smith at the Law Offices of Smith & Doran, can explain which records are eligible for expungement, the waiting periods involved, and how to go about the expungement process.
Some Crimes Cannot Be Expunged; All Require a Waiting Period
The law recognizes that for many criminal offenses, after no other offenses have occurred, people who have cleaned up their act deserve to clean up their records.
- Certain crimes cannot be expunged - violent crimes and some drug offenses, for example. Indictable offenses may not be eligible for expungement until 10 years after the close of the case. However, under a recent amendment to New Jersey's law a petition may be filed five years from the date of the conviction, payment of fine, satisfactory completion of probation or parole or release from incarceration (whichever is later) so long as the person has not been convicted of any disorderly persons offense or petty disorderly persons offense since the prior conviction and the petitioner can persuade the court that the expungement "is in the public interest, giving due consideration to the nature of the offense, and the applicant's character and conduct since conviction".
- After five years, a disorderly persons offense can be eligible for expungement.
- Expungement begins with a petition to the court, then the court will set a hearing. All relevant law enforcement agencies will be notified to find out if there are objections. A date is set for objections. With no objections, the record can be expunged in 90-120 days.
Call (973) 813-7006 Today · Free Consultation · Se Habla Español
For answers to questions about expungement and how to clear a criminal record from public view, contact the Law Offices of Smith & Doran in Morristown, New Jersey. We help clients expunge indictable offenses (felony convictions) and disorderly persons offenses (misdemeanors).
