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An arrest or conviction can have profound consequences.  Aside from any social stigma associated with being arrested or convicted of a crime or offense, you may not be able to get employment or obtain credit.  For those you who have been convicted or a crime or offense there is hope.  Hope comes is the form of an expungement.

What exactly is an expungement?
An expungement is the extraction and isolation of all records on file within any court, detention or correctional facility, law enforcement or criminal justice agency concerning a person’s detection, apprehension, arrest, detention, trial or disposition of an offense within the criminal justice system.

Who is eligible for an expungement?
The overwhelming majority of the persons reading this article who be entitled to an expungement if the had the misfortune of being arrested or being convicted of a crime or offense. Those persons who have been convicted for the crimes of homicide. Kidnaping, luring or enticiing, aggravate sexual assault, aggravated criminal sexual contact, criminal restraint, false imprisonment, arson, endangering the welfare of a chile, perjury, and false swearing shall not be entitled to have their convictions expunged.  Furthermore, arrests and convictions associated with motor vehicle violations are not eligible to be expunged.  Otherwise unless you have had multiple convictions for disorderly or petty disorderly offenses or committed a crime involving a public office you are entitled to an expungement.

How long must I wait to apply for an expungement?
The waiting period to petition the court for an expungement varies.  If you have been arrested and the charge shave been dismissed or you have been acquitted there is no waiting period.  In effect you can petition the court immediately.

Any person convicted of a disorderly persons or petty disorderly persons offense may petition the court for an expungement 5 years after the date of conviction.

Any person convicted of violating a municipal ordinance may petition the court  for an expungement 2 years from the date of conviction.

Any person convicted of an indictable offense except those excluded and referenced above shall be permitted to petition the court for an expungement 10 years from the date of conviction, payment of fine, release from incarceration or end of probation or parole whichever is later.

How can I petition the Court for an expungement?
While there is no legal requirement to utilize the services of an attorney, the hiring of an attorney to assist you is strongly encouraged.  There are a number of legal and technical requirements that must be meet to ensure that your application is granted.  A lawyer who specializes in these matters will know what papers to file and to whom to send copies.

Conclusion:
In conclusion there is legal procedure in place and available to legally permit you to  say that you have never been arrested or convicted.  Wouldn’t it be a wonderful thing to tell a potential employer that you have never been arrested.  Likewise when applying for credit, a criminal history will invariably have a negative impact.  Don’t let your past impact your future.

This article is not intended as a substitute for a consultation with a lawyer.  It is intended for general advice and informational purposes only.  If you have further questions and would like to speak to an NJ Criminal Defense Attorney you may contact Shapiro & Sternlieb, LLC at 732-617-8050 or the local bar association.