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A criminal record can cast a long shadow, limiting job opportunities, housing options, and educational prospects long after you have paid your debt to society. Fortunately, New Jersey provides a powerful path to a fresh start through the expungement process. Expungement is the extraction and isolation of records concerning a person’s detention, apprehension, arrest, trial, or disposition of an offense, so that the event appears never to have occurred.
Understanding the NJ expungement process, step-by-step, from filing to final Order, is the key to reclaiming your future. New Jersey law, primarily governed by N.J.S.A. 2C:52-1, et seq., provides specific rules for who qualifies and how the complicated filing procedure must be executed.
Our expungement attorneys help clients navigate this complex legal process. Our approach is helpful, providing clear guidance while aggressively pursuing the best possible outcome for your case.
Step 1: Determining Eligibility and Waiting Periods
Before you file any paperwork, you must confirm that the offense is eligible for expungement and that the required waiting period has passed. In New Jersey, not all crimes can be expunged. Certain serious offenses, such as murder, kidnapping, and aggravated sexual assault, are permanently ineligible.
Eligibility and Waiting Period Tiers
The required waiting period begins on the date of your most recent conviction and the date you pay any court-ordered financial assessment. You must also satisfactorily complete probation or parole, or release from incarceration, whichever date is latest.
- Arrests Not Leading to Conviction: These records (acquittals, dismissals, not guilty verdicts, successful completion of a Veterans Diversion Program) can be expunged immediately with no waiting period
- Supervisory Treatment Programs: Cases dismissed after successful completion of programs like Pretrial Intervention (PTI), Conditional Discharge, or Conditional Dismissal can be expunged six months after dismissal
- Disorderly Persons Offenses: The general waiting period for these offenses (misdemeanors) is five years. The law allows for up to five disorderly persons convictions if you have no indictable convictions
- Indictable Crimes: The general waiting period for indictable crimes (felonies) is five years. You can typically expunge one indictable crime and up to three disorderly persons offenses
Step 2: Gathering Records and Preparing the Petition
The expungement process is highly technical and requires absolute accuracy. Any missing information or error in the filing can lead to a prosecutor’s objection or the court denying your petition outright.
Obtain Necessary Records
You must locate and compile specific details about every charge you wish to expunge:
- The date of your arrest or custody
- The statute number and offense name, for example, N.J.S.A. 2C:35-10, for simple drug possession
- The original complaint, summons, or indictment number
- The date of disposition of the case, such as conviction, dismissal, etc.
- Proof that all aspects of your sentence are complete, including payment of all fines, restitution, and completion of parole or probation
Your attorney can help you obtain your full criminal history from the New Jersey State Police to ensure no details are missed.
Complete and Notarize Forms
The application package requires several mandatory forms, including the petition for expungement, the order for hearing, and a proposed expungement order. These documents must be verified, meaning you swear to their accuracy, often in the presence of a notary.
Step 3: Filing the Petition with the Superior Court
Once the forms are complete and signed, the petition must be filed in the appropriate court.
Filing Location
You must file the petition for expungement with the Superior Court criminal case management office in the county where the conviction or arrest occurred. For our clients in Toms River, this means filing with the Ocean County Justice Complex at 120 Hooper Avenue.
Serving Notice to Agencies
After the court files your petition, you must formally serve notice to all relevant government agencies involved in your case. This formal notification is mandatory and includes:
- The Attorney General’s Office
- The Ocean County Prosecutor’s Office
- The New Jersey State Police (NJSP)
- The head of the police department in the municipality where the arrest occurred
- The municipal court that handled the case, if applicable
The court will review your petition and issue an order for hearing, specifying the date and time for your case review.
Step 4: Responding to Objections and the Final Order
After receiving notice, the relevant agencies, particularly the County Prosecutor’s Office, have the right to review the petition and file an objection.
Handling Objections
If the prosecutor objects, they will file a letter detailing the reason. Common objections include an outstanding fine, an ineligible offense, or a failure to disclose a prior charge. An objection does not mean you are denied; it means a hearing is scheduled before a Superior Court judge.
Your attorney will prepare a written rebuttal to address the specific legal objection, often arguing that you meet the eligibility criteria or that compelling circumstances exist. Based on the evidence and arguments, the judge decides whether to grant the expungement. In most cases where eligibility is clear and no objections are filed, the judge issues the order without requiring you to appear.
Serving the Expungement Order
When the judge grants the expungement, they sign the final order of expungement, which is the court’s official directive to seal the records.
This signed order must then be served on every agency that maintains your records, including the State Police, the FBI, and the local police and courts. Your record is not cleared automatically. Your attorney ensures the order reaches all required parties, who are then legally mandated to process the removal of your records. While this final processing can take several months, a recent binding legal settlement requires the NJSP to process expungement orders within 120 days of receipt.
Taking Control of Your Future
The New Jersey expungement process provides a powerful opportunity to move forward, free from the burden of past mistakes. It is an extensive and detail-oriented legal journey. Our firm provides comprehensive legal services, including handling every step, from obtaining your original court records to serving the final order on dozens of agencies. Our dedicated legal team is here to help you get the fresh start you deserve.
Call The Hernandez Law Firm today at (732) 582-5076 to discuss your eligibility for expungement and begin the process of clearing your record. For your convenience, we offer free consultations and flat fees for most cases.
