In New Jersey, sealing or expunging a criminal record can offer a fresh start to individuals who have past encounters with the criminal justice system. Expungement can remove barriers to employment, housing, and education that often come with having a criminal record. This detailed guide will explore the legal processes involved in sealing and expunging criminal records in New Jersey, helping individuals understand their rights and the steps necessary to clear their records.
Understanding Expungement and Sealing
Before diving into the process, it’s important to differentiate between sealing and expungement:
- Sealing a Record: Sealing a record limits public access but does not erase it completely. Sealed records can still be seen by certain government agencies.
- Expungement: Expungement effectively erases the criminal record as if the offense never occurred. In New Jersey, expunged records are removed from public view and the individual can legally declare that they have no criminal record in most situations.
Eligibility for Expungement in New Jersey
Not all records can be expunged. New Jersey law specifies which types of records are eligible for expungement and sets forth various waiting periods depending on the offense:
- Indictable Offenses (Felonies): Most felonies can be expunged after a 5-year waiting period, provided the individual has not been convicted of any prior or subsequent felony.
- Disorderly Persons Offenses (Misdemeanors): These can typically be expunged after a 3-year waiting period if the person has no more than three disorderly persons convictions.
- Municipal Ordinances: Violations can be expunged after a 2-year waiting period.
- Juvenile Records: Generally, juvenile records can be expunged after a waiting period of 3 years.
- Arrests Not Resulting in Conviction: If the arrest did not lead to a conviction, it can be expunged immediately.
Certain crimes, including homicide, robbery, perjury, and other serious offenses, are not eligible for expungement.
The Expungement Process
Step 1: Determine Eligibility
The first step in the expungement process is determining if you are eligible. This involves reviewing the specific details of your criminal record, including the nature of the offense, the date of conviction, and any subsequent convictions.
Step 2: Gather Necessary Documents
You will need to obtain your criminal record, which includes your arrest record, any court transcripts, and other relevant documents. These can typically be acquired from the police department involved in the arrest or the court where the case was handled.
Step 3: Prepare the Expungement Application
New Jersey provides a standardized expungement application, which must be filled out thoroughly. The application should include all required information about your criminal record and a statement of eligibility for expungement.
Step 4: File the Petition
The expungement petition must be filed with the Superior Court in the county where the arrest or prosecution occurred. You will need to serve copies of the petition and related documents to multiple parties, including the county prosecutor, the superintendent of state police, and other relevant law enforcement agencies.
Step 5: Attend the Hearing
In some cases, a hearing will be required, where objections from the prosecutor or other parties may be considered. During the hearing, you may need to present arguments supporting your case for expungement.
Step 6: Receive the Expungement Order
If the court approves your expungement, an order will be issued. This order must be distributed to all relevant agencies, directing them to expunge your records.
Post-Expungement Considerations
Once your record is expunged, it is as though the offense never occurred for most purposes. However, expunged records may still be considered for certain legal or professional licensing purposes.
Conclusion
Expunging a criminal record in New Jersey can significantly impact a person’s ability to lead a full and productive life. While the process can be complex and may require meticulous attention to detail and strict adherence to legal procedures, the benefits of obtaining an expungement are considerable. Individuals seeking expungement may wish to consult with a qualified attorney who specializes in criminal law to ensure the best possible outcome.