An assault conviction on your record can make it challenging to secure employment, housing, educational, or financial opportunities. Fortunately, New Jersey law allows some individuals convicted of criminal offenses to petition to expunge their criminal records. An expungement can relieve the stigma of a criminal record after the petitioner has completed their sentence. However, to qualify for expungement of an assault conviction, a petitioner must have avoided further criminal offenses and observed a waiting period.
What Is Expungement?
In New Jersey, expungement is a process by which a petitioner can seal the records of their criminal offense that are on file with any court, law enforcement agency, criminal justice agency, or detention/correctional facility. An expungement affects all information regarding:
- Arrests
- Court proceedings related to criminal charges or indictments
- A criminal conviction or juvenile delinquency adjudication
- All records related to a criminal sentence or juvenile adjudication
Expungement does not, as the name might suggest, delete records related to a criminal arrest, prosecution, or conviction. Instead, expungement merely seals those records from being accessed by the public and many other parties. However, those records remain available to certain government agencies for specific purposes, such as background checks for employment in specific positions or determining housing assignments in detention or correctional facilities.
New Jersey does not allow individuals to expunge all criminal arrests or convictions from their records. The law designates specific offenses as ineligible for expungement, typically the most severe crimes like homicide or certain sex crimes. Individuals seeking expungement of criminal records must also meet various eligibility criteria regarding the length of their criminal records and the observation of certain waiting periods.
Does New Jersey Have Different Degrees of Assault?
New Jersey’s assault statute includes the offenses of simple assault and aggravated assault. Simple assault typically involves a person doing any of the following:
- Purposely, knowingly, or recklessly injuring or attempting to injure someone
- Negligently injuring someone with a deadly weapon
- Attempting to put someone in fear of imminent severe injury
The charge can become one of aggravated assault if the person:
- Purposely or knowingly causes severe injury
- Recklessly causes injury with a deadly weapon
- Inflicts injury or threatens protected persons such as first responders, school employees, judges, or healthcare workers
Whether your charge is a simple or aggravated assault can affect when and if you can expunge it from your record.
How Do I Get an Assault Conviction Expunged in NJ?
The waiting period for filing an expungement petition for an assault conviction in New Jersey depends on whether the offense was a municipal violation, disorderly persons or petty disorderly persons offense (misdemeanor), or an indictable crime (felony). New Jersey law typically grades simple assault as disorderly persons offenses and aggravated assault offenses as fourth-, third-, or second-degree indictable crimes.
In most cases, someone convicted of assault can petition to expunge a municipal ordinance violation within two years of the date of conviction or completion of the sentence imposed for the conviction, whichever occurs later. For disorderly persons and indictable offenses, an applicant typically must wait five years after their conviction or the completion of their sentence, including payment of court-ordered financial assessments.
However, courts may order expungement before five years have elapsed since the conviction or completion of the sentence in limited circumstances. This usually requires an applicant not to have committed any additional offenses and to show compelling circumstances for an early expungement.
How Much Time Does It Take to Have an Assault Conviction Expunged?
The expungement process in New Jersey is a lengthy process. The specific timeline for your petition depends on the facts of your case.
First, you will need to request and receive the necessary documentation supporting your petition, including records from law enforcement agencies and courts regarding your arrest, prosecution, conviction, and sentencing. Once you file your expungement petition, it can take the court time to process the petition and schedule a hearing date, if necessary.
Having an attorney help you through the expungement process is the best way to ensure your petition is processed as quickly as possible. If you make any errors on your application, your petition may be delayed or denied, and you’ll have to start over from the beginning. An experienced criminal defense attorney can make sure you file correctly and include all required information. They can also represent you in court if you must have a hearing for your expungement petition.
If I Was Charged with Assault But It Was Dismissed, How Soon Can I Have It Expunged?
If assault charges against you are dismissed or dropped, you can immediately petition the court to expunge any records related to your arrest or prosecution. However, this will not be the case if you negotiated a downgrading of your assault charge to a municipal ordinance violation in exchange for pleading guilty to that violation. In that case, you must meet the eligibility requirements to have that municipal ordinance conviction and the related arrest and court records expunged from your record.
Do I Need a Lawyer for an Assault Expungement in NJ?
Although the law does not require you to have an attorney to file a petition to expunge an arrest or conviction for assault in New Jersey, the courts recommend that you engage legal counsel. An expungement lawyer can review your criminal record to determine your eligibility for expungement, including ensuring that you do not have too many offenses that may disqualify you and that you have met all requirements. Your lawyer can also help you gather the documentation you need to support your expungement petition, including relevant arrest, court, and sentencing records. Once that’s accomplished, they can prepare your expungement petition and advocate your case in court if a hearing becomes necessary to convince the court to grant your petition.
Contact a New Jersey Expungement Lawyer
If you have an assault on your criminal record, expungement can give you a fresh start and a better chance to secure employment, housing, and educational opportunities. Contact the Law Office of Jason A. Volet today for a confidential consultation with a New Jersey expungement attorney to discuss your eligibility and how it can help you turn the page to a new chapter of your life.
