Bergen County Expungement Attorney

When an individual has a criminal record, they often feel the implications of their past in everyday life. This is true even years after a crime was committed. A criminal history may make it significantly more challenging to get the jobs you want, certain housing, acceptance into school, or certain loans. The state of New Jersey understands how devastating a conviction can be on a person who has since turned his or her life around. Individuals who find themselves in this situation may wish to speak with an attorney to determine whether they are eligible for an expungement. An expungement allows an individual’s criminal records to be accessed only by certain law enforcement agencies. This can allow the individual to move forward with their life and open a number of different opportunities that may have been closed due to the criminal record. Expungements are not available to everyone, however. Therefore, it is essential to retain the services of an experienced Bergen County expungement attorney who can assess whether you are eligible and, if so, guide you through this complex process. Contact The Law Office of Kevin T. Conway today to discuss your situation.

Eligibility for an Expungement in NJ

Only certain crimes are eligible for expungement in New Jersey. Of course, people who commit very serious crimes will not be able to have their records expunged. Some of the crimes that are not eligible for an expungement include the following:

• Murder and other forms of criminal homicide (except death by auto)
• Robbery
• Kidnapping
• Arson
• Aggravated sexual assault and other serious sexual offenses
• Perjury and false swearing
• Certain child endangerment offenses involving sexual conduct
• The distribution, sale, or possession with intent to distribute a controlled substance (with limited exceptions for low-level youthful offenders)

Individuals who wish to seek an expungement should consider the following in determining their eligibility:

• Those who were arrested for a crime but were never convicted, regardless of the crime’s level, are eligible for immediate expungement
• Generally, only one felony is eligible for expungement, though the “crime spree” exception may allow more than one if the offenses were part of the same incident or judgment
• An individual may have up to 3 disorderly persons convictions if they have been convicted of a felony, and up to 4 if they have not
• The waiting period for individuals trying to expunge a nonviolent felony has been reduced from 10 years to 6 years, with the possibility of applying after 5 years if they can show compelling circumstances
• Juvenile offenses can be expunged after 3 years
• Municipal ordinance violations may be expunged after 2 years
• The Clean Slate Act also provides a broader pathway, allowing expungement of most convictions after 10 years, even if they would not qualify under the regular rules

New Jersey’s expungement laws were significantly changed in October 2018 and later expanded through the Clean Slate law. Therefore, it is important to retain the services of an attorney who is well-versed in expungements and thoroughly understands the changes that were made to the law.

The Expungement Process in NJ

When an individual wants to clear his or her criminal record, they need to understand the process that they are getting into. Expungements are complicated and document-heavy. An experienced attorney can ensure that all paperwork is acquired from the appropriate parties and filed as it needs to be. Typically, the attorney needs to obtain all of the records of the crime(s) that he or she wishes to have expunged from either the Superior Court Criminal Case Management Office, where the arrest took place, or through the attorney who originally handled the case. The other facets of the expungement process are as follows:

• Filing the Petition for Expungement, the Order for Hearing, and the Expungement Order
• Writing a cover letter that details all of the documents that are being filed with the court
• Distribute copies of these files to any government agency that played a role in the case
• Attend the hearing to obtain a decision on the expungement petition

Contact an Expungement Attorney in Bergen County

At The Law Office of Kevin T. Conway, we understand that an expungement is a wonderful opportunity to turn over a new leaf. We also understand the various aspects of expungements and that they require a lot of documentation, and attention to detail, among other hurdles. If you are interested in expunging a crime on your record, contact a Bergen County criminal attorney from our firm today to discuss your situation.