Do You Know The NJ Expungement Rules?

If you’ve been convicted of a crime in the past, it will follow you wherever you go. This stain on your record may prevent you from obtaining a job, getting a new apartment and will potentially create difficulties in any future law enforcement encounters. In NJ, some crimes can be wiped from your record through an expungement. This is a highly complicated process filled with nearly endless paperwork. For the best possible results, it is advisable that you trust your expungement to an experienced criminal defense attorney. You don’t want to take any chances that you will file paperwork incorrectly or miss some crucial step on the path to clearing your record.

Frank T. Luciano has earned expungements for many clients with criminal records throughout Bergen, Passaic and Hudson counties. He has a complete understanding of eligibility requirements and each step in the process. Though it is possible to navigate through all of the checks and balances on your own, working with Mr. Luciano will give you a better chance of having your expungement petition granted and save you valuable time in the process.

Understanding New Jersey’s Expungement Laws

Expungement rules differ depending on the crime. The number of offenses also impacts an individual’s eligibility. While most convictions can be expunged, there are many crimes in NJ in which a person can never be eligible for an expungement. These include, but are not limited to:

  • Criminal Homicide
  • Kidnapping
  • Luring or Enticing
  • Aggravated Sexual Assault
  • Aggravated Criminal Sexual Conduct
  • Criminal Sexual Contact (if victim is a minor)
  • Human Trafficking
  • Terrorism
  • Producing or Possessing Chemical Weapons
  • Perjury
  • Selling or Manufacture of Child Pornography
  • False Swearing
  • Criminal Restraint
  • Robbery
  • Endangering the Welfare of a Child (if based on sexual contact)
  • Causing or Permitting a Child to Engage in a Prohibited Sexual Act
  • Knowingly Promoting the Prostitution of the Actor’s Child

A person who has been convicted of a disorderly persons offense, or petty disorderly persons offense, may obtain an expungement 5 years after the conviction, the term of probation or the payment of the fine, whichever is latest. The time for certain youthful offenses is even less.

Under normal circumstances, a person who has been convicted of an indictable offense must complete a 10 year waiting period after he or she has completed a sentence of incarceration, parole, probation or payment of a fine – whichever occurs last. However, new legislation in 2010 created an Early Pathway Exception that allows a person to petition the court for an expungement after the successful completion of a five-year waiting period. To be granted an early expungement, the court must find that the expungement is in the best interest of the public and that the offender’s character and conduct since the event warrant his or her offense being wiped away.

These are difficult standards to meet and even more difficult to prove in court. This is why working with an experienced lawyer who has handled countless NJ expungements is the best possible strategy.

Get Your Second Chance with Expungement Lawyer Frank T. Luciano, P.C.

There’s no reason that a mistake or a lapse in judgment from many years ago should follow you around for the rest of your life. You’ve likely grown, matured and changed so much about yourself since then, and the new you should be reflected in your record. Frank T. Luciano is a local criminal defense attorney who will fight for your second chance. If you are interested in having a previous crime expunged or are curious about your eligibility, you are encouraged to contact Mr. Luciano’s law office at anytime at 973-471-0004.

Our Client Testimonials

"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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