A criminal record has far-reaching, life-altering consequences. A person with a criminal record could face problems with keeping gainful employment, obtaining housing, getting loans, and other impactful events. When someone checks the background of someone with a criminal record, the burden to explain one’s history can be terrible. Luckily, New Jersey allows for some individuals to essentially “erase” their record, with some exceptions. Though most who conduct background checks will not be able to see the past history, it is kept on record for some law enforcement agencies. This process is called expungement and only certain offenses can apply. A person can move on and leave their mistake behind. The process itself is long and document-heavy. Our firm understands how important it is to address the burden of a criminal record and we are ready to help you through this matter. The Law Office of Michael A. Policastro is an experienced law firm with the know-how and dedication to help you through your legal matter. Contact our firm today.
Expungement eligibility
For the most part, low-level crimes are eligible for expungement. If you were arrested for a crime of any level, but you were not convicted, you may be able to petition for expungement. Some of the offenses that cannot be expunged are higher level crimes, including:
- Murder
- Kidnapping
- Aggravated Sexual Assault
- Robbery
- Arson
- Perjury
- Distribution, sale, or possession with intent to distribute controlled substances
In some cases, people who were arrested for a crime as a juvenile can also petition for expungement. It is important to discuss your matter with an attorney.
Waiting period for expungement
It is important to note that there is a waiting period before being able to file a petition. Municipal violations can be expunged after just 2 years. Disorderly persons offenses can be expunged after 5 years. For those who have certain felonies (indictable offenses) on their record, they must wait 10 years.
A little about the expungement process
If you are eligible for expungement, it is important to discuss your legal matter with an attorney that can fully handle this document-heavy process. Our firm will help you obtain the records of the crime, file the necessary forms, including the Petition for Expungement, the Order for Hearing, and the Expungement Order. We will file these documents with the court and distribute these filed documents to any government agency involved in the case. The court will hear your case for expungement. Once completed successfully, your record will be isolated from background checks.
Contact a Middlesex County expungement attorney
Having a criminal record can be devastating.
