Elimination of Arrests

Expungement/expungement of arrests and convictions to prevent embarrassment and disclosure

If someone has been arrested or even has a private criminal complaint signed against them in Municipal Court, they have a criminal record, even if the charges were dismissed. Under NJSA 2C:52-1 et seq. previous criminal arrests and convictions may be expunged/expunged in certain cases. We always recommend that people hire an attorney to get a cancellation. The process for all expungements takes place in Superior Court. The court takes a minimum of three months to grant the cancellation. The requirements are very formal. There may be a waiting period between 6 months and 10 years after the criminal case ends. When hiring the lawyer, get a “certified disposition” of the court’s decision, from the court itself. Court costs and expungement legal fees range from $1,500 to $2,500. Thousands of citizens in the last 30 years have been arrested for criminal offenses, public disorder and municipal ordinances. Courts and police must keep a record of all arrests and convictions, even if they are 30 years old. These “secrets of the past” could be open to anyone, including the credit bureaus. Under one proposal, for a fee of $15.00, someone could ask state police for a person’s criminal history, including arrests with not guilty findings. Allowing access to a person’s past criminal conviction or record could open the door to discrimination or job loss against someone who is now a law-abiding, respected, and productive citizen. Many employers often run criminal background checks on new and promoted employees. Fortunately, if you are a law-abiding citizen, you can now expunge old arrests or most convictions from public records and police files. Under NJSA 2C:52-1 et seq. previous criminal arrests and convictions may be expunged/expunged in certain cases.

Waiting Periods If you were convicted of or pled guilty to a disorderly persons offense (of the misdemeanor type) more than 5 years ago, and have not been convicted of anything since then, you can have your attorney apply to Superior Court an Expungement (Erasing and Erasing) of your criminal record. The waiting period begins with full payment of fines, completion of probation, or other requirements, whichever ends later. If he pleads guilty to a city ordinance (eg, drinking in public in Seaside Heights), he can apply for a Criminal Record Expungement after waiting two years. A guilty/juvenile delinquent finding for a minor may also be expunged/expunged under similar circumstances. In addition, minor drug arrests that resulted in the conditional discharge of the first offender may be expunged after 6 months have passed since the completion of probation or the conclusion of court proceedings. Most importantly, arrests for frivolous complaints that did not result in a conviction or if the charges were dismissed, can be expunged without waiting. The waiting period on an actionable charge [guilty plea in Superior Court] it’s 10 years. The following criminal offenses are some of the typical offenses that individuals can apply for expungement: Underage Alcohol 2C:33-15 Arson 2C:17-1 Assault 2C:12-1 Bad Check 2C:21-5 Theft 2C:18-2 Conspiracy 2C:5-2 Criminal Mischief 2C:17-3 Criminal Trespass 2C:18-3 Disorderly Conduct 2C:33-2 Drug Paraphernalia 2C:36-1 False Instrument/Fraud 2C:21-3 Harassment 2C:33-4 Obstruction of Apprehension 2C:29-3 Lewdness/Criminal Contact 2C:14-4 Obstruction Admin. of Law 2C:29-1 Drug Possession 2C:35-10 Prohibited Weapons 2C:39-3 Prostitution 2C:34-1 Receiving Stolen Property 2C:20-7 Resisting Arrest 2C:29-2 Shoplifting 2C: 20-11 Stalking 2C:12-10 Terrorist Threats 2C:12-3 Robbery by Deception 2C:20-4 Theft of Services 2C:20-8 Robbery Unlawful Taking 2C:20-3 Wandering 2C:33-2.1 Weapon Unlawful Purpose 2C :39-4

THE REQUEST FOR expungement You should contact an attorney experienced in handling expunctions. The Petition for Expungement is filed in the county where the crime occurred, not where the defendant lives. The petition is not filed in Municipal Court but in Superior Court. Once filed, the Superior Court will set a hearing within 35 to 60 days. Your attorney will prepare a Petition for Expungement which, under state law, must contain substantial background information, including: a. Date of birth and Social Security number b. Date of arrest c. Statute Arrested For and Statute Convicted d. Original charge, citation, or complaint number e. Petitioner’s conviction date or disposition date f. Disposition of the Court on the Matter and Adopted Punishment, if any

In addition, the Petition for Expungement must have an affidavit stating that there are no pending charges and that the petitioner has never previously received a expungement. As required by statute, the petitioner’s attorney must serve a copy of the order requesting the hearing and supporting documents on the following persons:
1.) State Police Superintendent 2.) Attorney General
3.) County Attorney where the court is located
4.) The Chief of Police where the event occurred
5.) The chief of police of any other police agency that was involved in the arrest
6.) The director of any institution where the petitioner was confined
7.) Municipal Court if disposition was made by municipal court, 8 County Sheriff if fingerprinted.

If you meet all other legal requirements and there are no objections from the notified entities, the court will generally issue an order directing the court clerk and all relevant law enforcement and criminal justice agencies to delete (remove) the records. records of such disposition, including evidence. arrest, detention, conviction and proceedings. There are additional pleadings that the applicant’s attorney must prepare and present. If you have a prior crime, it is important that you expunge the arrest to keep your name and record clean. All criminal charges, even if dismissed, remain on your record forever, unless a Superior Court judge grants the expungement order.