Being arrested or convicted for a crime can be a traumatizing experience for any person. After serving your time for a criminal conviction or carrying out any punishments handed down by the court, you should be able to continue living your life. However, this can be difficult with an ever-looming criminal record. If you or a family member need help to apply for a criminal record expungement, contact an experienced New Jersey record expungement lawyer today. The Lombardo Law Group, LLC is ready to provide you with the legal representation you deserve to pursue a clean slate. Our firm is here to explain how to get a criminal record wiped or expunged in New Jersey.
Guide to Filing a Petition for Criminal Record Expungement in New Jersey
The expungement of a criminal record can conceal a person’s criminal past from the public. An expungement can change a person’s life because of the impact a criminal record can have on a person’s personal and professional life. For example, it could be difficult to secure an apartment with a criminal record. Other issues caused by a criminal record may include:
- Difficulty finding gainful employment
- Problems receiving student loans to attend college
- Decreased likelihood of receiving loans for an automobile or mortgage
- Loss of the right to vote in elections
A successful filing of a petition for criminal record expungement can help with the above problems and many other issues.
Eligibility for Criminal Record Expungement in New Jersey
When determining eligibility for a criminal record expungement, there are multiple factors that must be considered. For example, if you have been convicted of multiple crimes, this can affect your ability to qualify for an expungement.
In New Jersey, a person can receive a record expungement for an indictable offense. An indictable offense is a crime that is punishable by at least six months in jail. However, it is also possible to request an expungement for a summary offense that is punishable by less than six months of jail time.
It is also important to note that there are some crimes that are not eligible for expungement; these crimes include:
- Aggravated criminal sexual contact with an adult or minor
- Arson
- Criminal homicide (not including vehicular manslaughter)
- Possessing or distributing child pornography
- Operating a child pornography network
- Kidnapping
- Human trafficking
- Perjury
- Robbery
- Terrorism or the creation of chemical weapons to commit terrorism
This is not an exhaustive list. There are other offenses that could make it impossible to receive a clean slate from a record expungement. There also are many other factors in determining eligibility, like whether a crime was committed as an adult or a juvenile.
Gather Your Arrest and Conviction Records
Before filing your petition for expungement, you must ensure you have all the necessary documents for your case. These documents should include:
- The date of your arrest
- The offenses and criminal statutes that you violated
- The docket number for your indictment, summons, or a similar document
- The date of your conviction or the date of the day your criminal charges were dropped
- The sentence imposed by the court if you were convicted
If you are having difficulty locating these forms, you could speak with the lawyer that was in charge of your defense. If the lawyer does not have the documents you need, the court where your case was adjudicated or the law enforcement agency that arrested you could have the information.
File the Expungement Petition
After you find the forms you need, you can file your petition for expungement with a court in the county where your case was adjudicated. If your petition was correctly filed, you would receive a hearing date for 30-60 days after the court received the application.
Attend the Hearing
After the hearing is scheduled, you will be informed about whether your presence is required at the hearing. If your presence is required, our firm can help you thoroughly prepare for your case.
It is important to note that an interested party could challenge your request for an expungement. This party could be a prosecutor or even a party that was affected by your crimes.
If the expungement is granted, you must notify various officials with your criminal records that your record has been expunged. This will seal your records from the public and others, with the exception of high-ranking law enforcement officials.
Contact Our Atlantic City Criminal Expungement Attorney Today
If you need assistance having your criminal history wiped clean, contact an experienced Atlantic City criminal defense attorney. The legal team at the Lombardo Law Group, LLC possess decades of combined legal experience, and we will use this knowledge to help you apply for a criminal record expungement. Do not let a previous conviction control your life. For a free legal consultation, contact the Lombardo Law Group, LLC at (609) 445-4300, or contact us online.
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