Expungement/Criminal Defense Attorney in Bergen (Hackensack), Passaic (Paterson) and Morris (Morristown) Counties: Expungement of Juvenile Records

New Jersey’s expungement statute does not allow an expungement of a criminal conviction if the applicant has a prior or subsequent conviction of another crime. Moreover, an expungement of a disorderly persons offense cannot be granted if the applicant has a prior or subsequent conviction of a crime or three other disorderly persons or petty disorderly persons offenses.

The Appellate Division has addressed a juvenile’s application for an expungement, where the juvenile had an adjudication of delinquency on five separate occasions during a 10 month period. The trial court granted the application and the government appealed. The government’s position was that the expungement could not be granted because the statute states that “for purposes of expungement any act which resulted in a juvenile being adjudged a delinquent, shall be classified as if that act had been committed as an adult.” Resultantly, the government argued that the applicant had a prior and/or subsequent convictions and to that extent he was barred from relief.

The Appellate Division rejected the argument and noted that the expungement statute provided two methods of relief for juveniles. One was where the juvenile convictions were to be considered adult convictions. The second provision was one where a juvenile could have his/her entire record expunged if five years had elapse from the last juvenile conviction and the applicant could otherwise establish eligibility under a five-part test specified by the statute. Under the facts of the case, the Appellate Division confirmed the Law Division’s decision.

If you need a criminal record expunged, it is very important that you have an experienced criminal defense attorney. Frank T. Luciano has been a criminal defense attorney in Bergen and Passaic County for over 40 years. He has been a member of the National Association of Criminal Defense Attorney’s for many years and a lifetime member of the National Organization for the Reform of Marijuana Laws (NORML). In his career as a criminal defense attorney, he has handled many expungements of prior criminal convictions. You should also check out the Testimonials page of this website to read what Frank’s clients have to say about him.

Our Client Testimonials

review stars

"Mr. Luciano freed my mind of anxiety right from the start. A consummate professional. He explained all options on defense and guided me to the one I followed with excellent results. Best of all, he is reasonable. Relax and let his knowledge (the magic) work."

From a former client

"First thing I want to tell is that I thank God for giving me the opportunity to meet such a wonderful person like you and without question, the best lawyer in this world. I am very grateful for everything you did for me. I want to let you know that I'm doing good and if you ever think of coming to . . . for vacation don't forget to contact me. Thanks again Mr. Luciano and please say hello to that kind lady that answers the phone with pleasure every time I called."

From a former client with a First Degree Distribution Charge

"In my distraction focusing on my . . . trial, I failed to ask you how things went with . . . I watched and learned from you throughout that case and greatly admire the consummsate attorney that I hoped to emulate. I witnessed how very hard you worked and how you left no stone unturned. I hope the case worked out for you and your clients. If it did not (and I hope it did) it was not for lack of the effect on your part which was humbling."

From an adversary in a case where we ultimately returned a verdict of $2,069,000

"My family and I would like to thank you for all of your hard work on my case. I feel like I can live my life normally again and it feels awesome. You are truly a professional and wonderful attorney."

From a former client charged with a serious weapons offense

"At the time, I was mortified because, having only worked against you in the Prosecutor’s Office, I couldn’t picture being on the same side. Frank, I want to thank you for the pleasure of having worked with you over the past years. I have learned a great deal from you. Most importantly, I learned that cases were not always as black and white as I thought they were when I worked for the Prosecutor’s Office. You are a wonderful attorney who not only works hard, but also cares deeply about his clients. Frank, I think you are the best."

From a former investigator of a county prosecutor’s office and retired private investigator

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