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NJ Expungement Lawyer: The New Jersey Expungement Process

Posted by Carmine R. Villani | Aug 25, 2015 | 0 Comments

Criminal Record Expungement

If an individual is placed under arrest for breaking a New Jersey law, he or she will have an arrest record which will affect job searches, credit scores, purchasing or renting a home, military service, civil service jobs and much more. There is an option, however. With the help of an NJ expungement lawyer, an offense can potentially be expunged from your criminal record…meaning that it is erased as if it never happened. The process of getting this done is referred to as an expungement.

Expungement of Records in New Jersey

Expungement of a record is the removal of a detention, arrest, trial or disposition from a person's criminal record. Expunged records include complaints, warrants, arrests, processing records, fingerprints, photographs, index cards, “rap sheets”, judgments of conviction, dispositions and judicial docket records.

Expungement in the News

Recently in the news, the New Jersey Supreme Court ruled 5-2 that individuals with more than one conviction of a crime cannot have their records expunged, even if the crimes occurred in a narrow window of time and were disposed of in a single plea or conviction.

NJ Expungement Process (N.J.S.A. 2C:52-1 et seq.)

The Superior Court of the county where your arrest took place will handle your expungement application. Once you have worked with an expungement attorney to gather all the necessary documents, he or she will prepare a petition for your expungement and file it with the Superior Court for consideration. It is highly recommended that you work with an experienced New Jersey criminal defense attorney at this step. Criminal defense attorneys understand the arrest, conviction and expungement processes and can help your case by helping you craft a well-developed petition and guiding you through the next steps of the process. It is important that you tell the attorney every time you were arrested. All arrests and criminal offenses must be listed on the expungement petition and certified dispositions obtained, including such minor offenses such as municipal ordinance violations for noise or urinating in public.
In New Jersey, motor vehicle-related offenses cannot be expunged. This include DWI offenses.

NJ Expungement Benefits

Any individual who wishes to expunge an arrest or a conviction from his or her record should contact an experienced New Jersey expungement to discuss his or her eligibility.
The benefits of expunging your criminal records include:
(1) Have a clear criminal record for employment purposes. Many jobs require criminal record checks, as do applications for professional licenses.
(2) Records of your arrest and conviction are isolated by the court and law enforcement agencies.
(3) The arrest, conviction, and any proceedings related are deemed to have not occurred. In most situations, you are legally permitted to say, “ have no criminal record.”

Villani & DeLuca Expungement Lawyers Can Help You Clear Your Criminal Record in NJ

Criminal records can hurt your opportunities and your career in the future. Expungement can help you get a second chance. If you are interested in learning more about seeking an expungement, contact a Villani & DeLuca NJ expungement lawyer at 732-709-7757 for a free legal consultation. Villani & DeLuca's experienced attorneys understand the expungement process and will give your case the care and attention to detail it deserves. Don't wait to make the call – let us help you clear your record today.

About the Author

Carmine R. Villani

Founding partner, Carmine Villani, Esq. is a former municipal prosecutor with over three decades of experience in Criminal and DWI Defense.

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