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Anyone with a criminal background knows the negative impact that the record can have upon their life. Your criminal record prevents you from obtaining higher-paying employment, student loans, and even housing. An expungement of your records may make life easier, as it will permanently remove any reference of you and any associated crimes from the system. After an expungement, no one will be able to see anything from your criminal past. While an expungement is an excellent way to better your future, not everyone is entitled to file for one. New Jersey requires that you meet certain criteria in order to be eligible for an expungement.
Your eligibility for an expungement depends on your entire criminal record. New Jersey law allows for expungements for anyone who with one prior indictable (felony) conviction and no more than two disorderly persons offenses and one petty disorderly persons offense. This means that if you have more than one felony conviction on two separate occasions, you are not entitled to expungement under N.J.S.A. 2C:52-2. However, there may be an exception if you have multiple crimes on one Judgement of Conviction or the crimes are part of the same course of criminal conduct.
In addition to the above, under this section, you must wait ten years from the date of completion of your sentence to file for an expungement. The law also requires you to wait ten years from the date in which you successfully complete probation before filing the petition. All fines and penalties must be paid prior to the filing as well (some exceptions apply). In some cases, you may be able to file a petition for expungement in less than ten years under the expedited provision of the law.
You may file for a petition in as little as five years from the date of conviction. In order to be entitled to the expungement in accordance with the statute, you must demonstrate to the court that the expungement is “in the public interest, giving due consideration to the nature of the offense, and the applicant’s character and conduct since conviction. Additionally, you must pay your fines, and satisfactory complete probation or parole, and refrain from obtaining any subsequent convictions.”
Early expungements are relatively new and as such, there are no strict rules or guidance setting forth what is considered to be “in the public interest.” However, as a general rule, your attorney will argue that you have accomplished many things despite your record. For example, proof of your continued employment, good standing in the community, and continue living a law-abiding life will all serve to illuminate you in a positive light and thereby deserving of an early expungement.
Along those same lines, you may advise the court of your financial obligations and how your earning potential is limited by your criminal record. Financial obligations such as child support would give credence to your need to expunge your records to earn more.
In addition to the above, there is a way to expunge all records, regardless of the number of crimes, in as little as 18 months.
The expungement statute noted above only allows for your records to be wiped clean if you have only one indictable/felony offense. In the majority of cases, a person has multiple convictions occurring on different dates. The law now allows those charged with a crime to take part in the Statewide Drug Court Program. If you successfully complete Drug Court and graduate, you are entitled to an immediate expungement of all of your records.
While those in Drug Court often have many convictions, there are other members of the public that have no convictions but still have their fingerprints in the system.
Pretrial intervention is a diversionary program that will result in a dismissal if successfully completed. You may file for expungement 6 months from the date of successful completion of the program. Similarly, where a charge has been dismissed or you have been found not guilty, you are entitled to an immediate expungement.
Despite the above, not every crime can be expunged. New Jersey law specifically excludes the following from expungement:
Disorderly persons and petty disorderly persons offenses in New Jersey are essentially the equivalent of misdemeanor offenses in many other states. They are not considered felony “crimes”, but the record of your arrest and your conviction is still public knowledge on your permanent criminal record.
Thankfully, for those who have been convicted of disorderly persons offenses, there is a way to have the record of your previously indiscretions permanently expunged. A clean criminal record can make a huge difference when seeking employment, applying for loans, and many other situations that may involve a background check.
At The Law Offices of The Montanari Law Group, our criminal defense attorneys believe that for those who qualify, getting an expungement for previous indiscretions is a great way for our clients to put a negative chapter in their lives behind them for good. Our firm takes pride in assisting clients with expunging their public and permanent records across local New Jersey communities including Clifton, Wayne, Little Falls, Paterson, West Milford, Woodland Park, and the greater Passaic County region.
Call our office today for a free and confidential consultation to find out more about the expungement process, whether or not you qualify, and how our firm can best serve your individual needs.
Expungements for disorderly persons offenses and petty disorderly persons offenses are relatively straightforward affairs for our experienced Paterson attorneys. However, there are a few simple criteria that must be met in order for our clients to qualify. Pursuant to Revised Statutes of New Jersey Section 2C:52-3 – disorderly persons offenses and petty disorderly persons offenses, all of the following must be true to be granted expungement:
If you or a loved one meets all of the items in the list above, you are likely eligible for a successful expungement of your disorderly persons or petty disorderly persons convictions. Our Clifton expungement attorneys have a procedure that we use to not only grant our clients a successful expungement but also double-check that your criminal record has been cleared. When you are ready to proceed, our legal team will take the following steps:
Some individuals who have been convicted of minor offenses such as marijuana possession, shoplifting, or resisting arrest might wonder if it is even worth the effort to go through the expungement process. While there are certainly individuals and organizations who will be understanding of your youthful indiscretions, the fact remains that any stain on your permanent and public criminal record will continue to show up on any background check for the rest of your life if you fail to take action.
When expungements for disorderly persons and petty disorderly persons offenses are available to you, why risk the potential negative impacts on your career, to your financial future, and even in your social life? Consider that if you have or plan to have children, a marijuana possession charge from decades previous could prevent you from being your son or daughter’s tee-ball coach. Rather than let the past linger, allow our Wayne attorneys to clear your record so that you can move on with your life.
The criminal record expungement attorneys of The Montanari Law Group believe that our clients who have been convicted of minor infractions deserve a second chance. We take pride in handling the nuts and bolts of the expungement process so our clients can rest assured that previous offenses will no longer haunt their present and future. Lean on the experience we have built through achieving successful expungements for our clients from New Jersey towns including Clifton, Paterson, Wayne, West Milford, Woodland Park, Little Falls, and all of Passaic County.
Contrary to what may seem like common sense, the record of a criminal arrest is not automatically expunged from your public record even if you are found not guilty of any crimes. If you were arrested and charges were dropped, the arrest will still show up on any criminal background check done by future and/or current employers, financial institutions and more. The good news is that with the proper legal counsel, your arrest can often be expunged quickly.
At The Montanari Law Group, we believe that our clients should not be penalized for arrests which ultimately led to dismissed or dropped charges. We help individuals who wish to expunge arrest records in local New Jersey towns including Paterson, Clifton, Woodland Park, West Milford, Wayne, Little Falls, and the greater Passaic County area. Allow us to file a motion to expunge your criminal arrest and see the process through to completion. Only then can you rest assured that your arrest record has been removed.
Call our office for a free and confidential consultation with a member of our criminal defense legal team regarding the expungement of your arrest and how we can best serve you today.
Pursuant to the New Jersey Revised Statutes Section 2C:52-6 – Arrests not resulting in conviction, an expungement for an arrest may be available if the following criteria are met:
Assuming you qualify for an expungement of your arrest, our Paterson expungement attorneys will take the necessary steps to see the process through to completion. Thankfully, there is no waiting period for those who are not part of a diversionary or probationary period. Our lawyers will take the following actions in order to file a petition for expungement and expunge the record of your arrest:
You might be wondering if it is worth it to go through the process of having your arrest record expunged in New Jersey. Your charges were already dropped, so does it really make a huge difference? The short answer is yes, it absolutely does. If a judge grants an expungement of your arrest record, it is not just that you were acquitted of the charges, it is legally the case that you were never arrested. After being granted an expungement, you are legally able to say you have never been arrested (assuming you have no other unrelated arrests).
Prospective employers, license granting agencies, colleges & universities, landlords, and many other individuals and institutions run routine background checks. While it is certainly possible for those with a criminal record to have a successful career and go far in life, why complicate your future when expungement is a viable option?
The process of expunging an arrest is generally very fast, inexpensive, and effective. With the help of our West Milford expungement lawyers, your record will be clean and your arrest will be a distant memory in no time.
At The Montanari Law Group, our criminal defense attorneys value the expungement process as a powerful tool our clients can use to get back on their feet and secure their future. We take pride in successfully seeking arrest expungements for clients in New Jersey towns including Wayne, Paterson, Clifton, Little Falls, West Milford, Woodland Park and all of Passaic County. Lean on our experience to clean up your permanent record and remove the burden of previous infractions.
New Jersey criminal statutes have specific guidelines for the expungement of drug-related criminal offenses for those under the age of 21. These guidelines allow for leniency for young men and women or minors who made mistakes in their youth. If you were charged with possession or use of an illegal substance before you turned 21, including marijuana possession, cocaine possession, heroin possession, prescription drug possession, drug paraphernalia possession, or even certain cases of marijuana distribution, you may be eligible for an expungement of your previous criminal indiscretions.
At The Montanari Law Group, our criminal defense attorneys understand that people make mistakes, especially in their younger years. We believe in working within the law to aggressively seek underage drug offense expungements for our clients throughout New Jersey, including Clifton, Paterson, Wayne, Woodland Park, West Milford, Little Falls, and the greater Passaic County area. Removing records of previous arrests and/or drug-related convictions can lead to better opportunities for employment, getting loans, buying or renting property, and much more.
Call our office today for a free and confidential consultation with a member of our criminal defense legal team regarding your potential expungement of an underage drug offense.
According to New Jersey Revised Statutes Section 2C:52-5 – Expungement of records of young drug offenders, there are specific circumstances that may lead to a successful expungement of a drug-related charge. All of the following must be true to be eligible for expungement under N.J.S.A. 2C:52-5:
In order to petition the courts for expungement of underage drug-related crimes, our Clifton attorneys will need to make sure it has been at least one (1) years since the conviction, the end of your probation or parole, or discharge from legal custody, whichever occurred last. If we are in that time frame, the process is very similar to expungement for an arrest, and will look something like this:
While it may seem obvious why an offender would want to remove records of an underage criminal charge and/or conviction from his or her public files, there are several specific reasons to consider. When the process of expungement for an underage drug crime is so fast, easy, and often times successful, the investment is almost certainly worth the reward.
Virtually all employers run background checks on prospective employees. While some employers may be understanding and forgiving of youthful discretion from your youth, many will not. And furthermore, in a competitive job market, even the smallest negative differentiator can make your resume and credentials stand out for all the wrong reasons.
Banks, landlords, and other financial institutions run criminal background checks as well when determining whether or not individuals are eligible for loans and sometimes also to determine rates. With an expungement, these institutions will have no knowledge of your underage drug-related convictions and you can give yourself the best chance at a positive financial future.
The expungement process can be confusing and cause you to feel uncertain about the potential for filing. We can help. If you or someone you know is entitled to expungement or you have uncertainty about your qualifications to file, contact our firm. We will review your case, determine the likelihood of an expungement, and file a petition on your behalf.
If you have a misdemeanor charge or conviction on your record in New Jersey or New York, it may be possible to have your record expunged. Under recent changes in the law, expungement may now be possible in as few as five years after your charges or conviction. Many people who did not qualify under previous conditions may now get the clean record they need.
Call The Montanari Law Group, to discuss your situation in a free telephone consultation. From offices in Little Falls, our lawyers help people clear their record through expungement in jurisdictions throughout New Jersey. Call us at 888-877-7985 or check our online form to arrange an initial consultation with one of our experienced Passaic County expungement attorneys today.