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Expungement Law

 

 

 

 

This Law Office Is:

Currently Filing Expungement Petitions in the following New Jersey Counties:
Morris, Sussex, Warren, Passaic, Hunterdon, Somerset, Essex, Hudson, Bergen and Middlesex
 


 
Basic Expungement Law Questions
 (c) 2015 Damiano M. Fracasso, Esq.

 


What is an Expungement?
 

            In the State of New Jersey, the legal definition of an expungement is unless otherwise provided, the extraction and isolation all records on file within any court, detention or correctional facility, law enforcement or criminal justice agency concerning a persons’ detection, apprehension, arrest, detention, trial or disposition of an offense within the criminal justice system. Expunged records shall include complaints, warrants, arrests, commitments, processing records, fingerprints, photographs, index cards, “rap sheets” and judicial docket records.


When Can I qualify for an Expungement in the State of New Jersey?

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Under Construction

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Does my age effect when I am eligible for a Drug Related Expungement in the State of New Jersey?

 

YES! Any person convicted of an offense under chapters 35 and 36 of Title 2C of the New Jersey Statutes for the possession or use of controlled dangerous substance or paraphernalia and who at the time of the offense was 21 years of age or younger may apply for an expungement of that offense after a period of not less than one year following conviction, termination of probation or parole or discharge from custody (whichever is later).

 
IMPORTANT:

This special category of expungement shall not apply to any person who has been convicted of the sale or distribution of a controlled dangerous substance (CDS) or possession with the intent to sell any controlled dangerous substance except:

 

  • Marijuana, where the total sole, distributed or possessed with the intent to sell was 25 grams or less; or

 

  • Hashish, where the total amount sold, distributed or possessed with the intent to sell was 5 grams or less.


This special category of expungement shall be granted only if the applicant has not, prior to the time of the expungement hearing…

 

  •  Violated any of the condition of his or her probation or parole, albeit subsequent to discharge from probation or parole;

 

  •  Has not been convicted of any previous or subsequent criminal act or any subsequent ore previous violation of chapters 35 and 36 of Title 2C of the New Jersey Statute, and

 

  • Has not had a prior or subsequent criminal matter dismissed because of acceptance into a supervisory treatment or other diversion program.


 

What Are Some Crimes Which Cannot be Expunged in the State of New Jersey?

 
N.J.S.A. 2C:11-1 et seq. (Criminal Homicide), except death by auto as specified in N.J.S.A. 2C:11-5;

N.J.S.A. 2C:13-1 (Kidnapping);

N.J.S.A. 2C:13-6 (Luring or Enticing); N.J.S.A. 2C:14-2 (Aggravated Sexual Assault);

N.J.S.A. 2C:14-3a (Aggravated Criminal Sexual Contact); if the victim is a minor,

N.J.S.A. 2C:14-3b (Criminal Sexual Contact); if the victim is a minor and the offender is not the parent of the victim,

N.J.S.A. 2C:13-2 (Criminal Restraint) or N.J.S.A. 2C:13-3 (False Imprisonment);

N.J.S.A. 2C:15-1 (Robbery);

N.J.S.A. 2C:17-1 (Arson and Related Offenses);

N.J.S.A. 2C:24-4a. (Endangering the welfare of a child by engaging in sexual conduct which would impair or debauch the morals of the child);

N.J.S.A. 2C:24-4b(4) (Endangering the welfare of a child);

N.J.S.A. 2C:28-1 (Perjury);

  N.J.S.A. 2C:28-2 (False Swearing); and

Conspiracies or attempts to commit such crimes.

 

AND….

 
Records of conviction pursuant to statutes repealed by this Code for the crimes of murder, manslaughter, treason, anarchy, kidnapping, rape, forcible sodomy, arson, perjury, false swearing, robbery, or a conspiracy or any attempt to commit any of the foregoing, or aiding, assisting or concealing persons accused of the foregoing crimes

Records of conviction for any crime committed by a person holding any public office, position or employment, elective or appointive, under the government of this State or any agency or political subdivision thereof and any conspiracy or attempt to commit such a crime shall not be subject to expungement if the crime involved or touched such office, position or employment.

In the case of conviction for the sale or distribution of a controlled dangerous substance or possession thereof with intent to sell, expungement shall be denied except where the crimes relate to:

Marijuana, where the total quantity sold, distributed or possessed with intent to sell was 25 grams or less, or

Hashish, where the total quantity sold, distributed or possessed with intent to sell was five grams or less.


Can I still expunge my arrest record if my charges were dismissed?

 
YES! If you were arrested and your charges were dismissed, or you were acquitted, or discharged without a conviction or finding of guilt, you may at any time following the disposition of proceedings, apply for an expungement and all records and information pertaining thereto will be expunged if the Judge grants you such relief.

HOWEVER, if you your charges dismissed against you pursuant to a program of supervisory treatment (such as a conditional discharge or Pre Trial Intervention “PTI”), you are not eligible to file for an expungement for six(6)months after the entry of the order of dismissal.  

IMPORTANT: If your dismissal, discharge, or acquittal resulted from a determination that you were insane or lacked the mental capacity to commit the crime charged you are barred from expunging your arrest records and information pertaining thereto.

 

Is there anything I can do if I do not qualify for an Expungement now or to Make Me Eligible to Apply for One Sooner?

 
YES! Depending on your specific circumstances, you may consider making one or more of many different applications to the Court for relief such as: Post Conviction Relief (PCR), Early Termination of Probation, Amending, Correcting or Reducing Your Sentence or Intensive Supervision (ISP). You can also apply to the Governor for a pardon. If you have a conviction, depending on its nature, the law may allow you to make an early application even if your typical waiting period has not yet expired. 

 Contact Mr. Fracasso for a Free ten (10) minute telephone consultation (between 8:00am and 10:00 pm Eastern Standard Time) on these as well as other legal remedies and application.


Can I expunge arrests or convictions for motor vehicle offenses codified under Title 39 of the New Jersey Statutes?

 
NO! But Depending on your specific circumstances, you may consider making one or more of many different applications to the Court for relief such as: Post Conviction Relief (PCR), Amending, Correcting or Reducing Your Sentence to set aside your conviction(s) or adjust your sentence.

 Contact Mr. Fracasso for a Free ten (10) minute telephone consultation (between 8:00am and 10:00 pm Eastern Standard Time) on these as well as other legal remedies and application.

 

How long does the Expungement process usually take?

 

First, you and Mr. Fracasso will meet to prepare your petition for expungement. If you have all of your necessary information at the time of the meeting, the petition can usually be finalized filed within a week. After filing, you will be scheduled for a court hearing not less than 35 nor more than 60 days later. Due to the facts and circumstances of your case and the Court’s Schedule, you should receive a decision from the Court on or shortly after that date of the hearing.

 
About how much will an Expungement cost in the State of New Jersey?

 
Our fees for services in an uncontested single arrest, dismissal or conviction expungement start at $500.00 if no court appearances, amended pleadings and / or briefs are required. If your case is contested or requires court appearances, amended pleadings and / or briefs these fees will be billed in addition at an agreed upon rate. All agreements to provide legal services will be in writing and will specify all fees and costs.

In addition to the attorney’s fees, there are filing fees and expenses associated with an expungment such as a statutory filing fee of $75.00 plus postage costs and in some instances, public records search and copy fees.

 

 ATTENTION:


THE INFORMATION CONTAINED ON THIS WEBSITE IS SPECIFICALLY LIMITED TO THE STATUTORY LAWS OF THE STATE OF NEW JERSEY AS OF 10/18/2015. YOUR EXAMINATION OF THE CONTENT OF THIS WEBPAGE AND ALL LINKS RELATING THERETO DOES NOT CREATE AN ATTORNEY – CLIENT RELATIONSHIP NOR DOES THE SAID INFORMATION CONSTITUTE LEGAL ADVICE. PLEASE CONTACT DAMIANO M. FRACASSO, ESQUIRE OR ANY OTHER ATTORNEY LICENSED TO PRACTICE LAW IN THE STATE OF NEW JERSEY TO DISCUSS YOUR SPECIFIC FACTS AND CIRCUMSTANCES BEFORE MAKING ANY DECISION(S) RELATING TO PURSUING OR NOT PURSUING AN APPLICATION FOR AN EXPUNGEMENT.

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