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
- Luring or Enticing
- Aggravated Sexual Assault
- Aggravated Criminal Sexual Conduct
- Criminal Sexual Contact (if victim is a minor)
- Human Trafficking
- Producing or Possessing Chemical Weapons
- Selling or Manufacture of Child Pornography
- False Swearing
- Criminal Restraint
- 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.