Expungement of Indictable Offenses in New Jersey
East Brunswick Lawyers for Expungement of Crimes
Expungement, a court order directing state law enforcement and courts to remove all information pertaining to your arrests and/or criminal convictions from your official state records, can be a godsend. Getting an expungement can make applying for jobs, passing background checks, receiving credit, and otherwise going about daily life easier for New Jersey residents who have had run-ins with the law. When you want to expunge an indictable offense, a serious crime also known as a felony, from your New Jersey criminal record, the eligibility requirements are more extensive. There are also some charges that are simply ineligible for expungement under NJ Law. If you have questions and would like to speak with an experienced expungement attorney about your potential expungement of a first degree, second degree, third degree, or fourth degree crime in Middlesex County, call our local office today at (732) 659-9600 to receive a free consultation.
Expungement of Indictable Felony Charges NJ
Determining whether you can successfully request expungement of an indictable offense, a very serious criminal offense in New Jersey, from your record depends on a number of factors. Generally speaking, and subject to certain exceptions outlined below, you must only have been convicted of one indictable offense, meaning you cannot have had any prior or subsequent indictable offense convictions in New Jersey. You also cannot have had any felony convictions in other states. You may also be eligible for expungement if you have only had one eligible indictable offense conviction and not more than three disorderly persons offenses in New Jersey.
There is one potential exception to the single indictable offense requirement, which was recently passed into law in New Jersey. If you were convicted of multiple indictable offenses or disorderly persons offenses on the same judgment of conviction, or if you were convicted of multiple felonies or a combination of felonies and disorderly persons offenses but those offenses were so closely related that they essentially occurred through the same sequence of events within a short period of time, you may still be eligible for expungement. This only applies if you do not have any prior or subsequent indictable offense convictions on your record.
When will I be Eligible to Expunge an Indictable Crime from my Record?
Under New Jersey law, you become eligible for expungement of an indictable offense after 6 years have passed since your most recent conviction, completion of probation or parole, release from incarceration, or payment of a required criminal fine, whichever is later. This waiting period was reduced by a law passed in 2018, as New Jersey law previously required that you wait 10 years before being eligible to expunge an indictable offense. The 6-year waiting period can be reduced even further to 5 years if the court determines that it is in the “public interest” to grant expungement early based on the nature of the offense and your actions since being convicted.
If you are eligible for expungement, a knowledgable New Jersey criminal defense attorney can help you file the proper forms or motions required to initiate the expungement. Determining your eligibility for expungement, drafting the required paperwork, following all of the necessary steps, and serving all of the required parties is much easier with an experienced attorney’s assistance and will position you for the best result.
Crimes Not Eligible for Expungement in New Jersey
No matter how long you wait or how well you perform in society subsequently, certain serious and violent indictable offenses are not eligible for expungement in New Jersey. Crimes that cannot be expunged in New Jersey include:
- Criminal homicide
- Sexual assault and aggravated sexual assault
- Criminal sexual contact with a minor
- Criminal restraint
- Terrorism and chemical weapons offenses
- Endangering the welfare of a child involving sexual contact (including child pornography offenses)
- First and second degree controlled dangerous substance distribution offenses; and
- Attempting or conspiring to commit any of the above offenses
Move Forward with Monroe NJ Felony Expungement Lawyer
If you want to know your chances of expunging an indictable offense conviction in Middlesex County or elsewhere in New Jersey, the expungement attorneys at our firm can help. We have assisted thousands of clients with every aspect of the expungement process and our goal is always to get you the expungement you need to move forward without a criminal record dragging you down. We can be reached 24/7 to provide answers to your questions, so please call (732) 659-9600 to speak with a lawyer free of charge.