New Jersey’s expungement procedures allow some people with criminal histories to have certain records isolated or sealed from the public record. An expungement is an important legal option to explore because a criminal background can affect future life opportunities, such as getting a job or finding suitable housing. However, the expungement process can be lengthy in New Jersey. There are waiting periods for applications and a backlog of requests. This can be frustrating for people who want to wipe the slate clean and move forward with their lives. Working with an experienced lawyer can help you understand whether it’s possible to speed up the expungement process for your case.
As a seasoned New Jersey expungement lawyer, Jason A. Volet can explain how expungement works and help get your records sealed as efficiently as possible. Contact the Law Offices of Jason A. Volet for more information on how to expedite an expungement in New Jersey.
What Is an Expungement?
Expungement allows authorities to extract eligible records of arrests or convictions from your criminal record. For example, potential employers won’t be able to find the expunged record during a background check. If you successfully expunge your record and someone asks if you have committed a crime, you can truthfully answer “no” unless you apply for a job in law enforcement or join the military.
Expungement removes the following records from public databases:
- Arrest records
- Violations of municipal ordinances
- Convictions for disorderly persons offenses
- Convictions for indictable offenses
- Juvenile criminal records
- Records of drug offenses committed before age 21
Some cases qualify for expedited expungements. An expedited expungement is effective immediately if a defendant’s case gets dismissed, they are acquitted, or they are found not guilty. Expedited expungements are also possible for certain marijuana or hashish crimes.
Other crimes are not expungeable in New Jersey, such as:
- Homicide
- Kidnapping and false imprisonment
- Sexual assault and similar crimes under Megan’s Law
- Arson
- Robbery
- Terrorism
- Some drug distribution offenses
- Second-degree aggravated assault
- Traffic offenses, including arrests or convictions for drunk driving
You can expunge no more than one indictable conviction and up to three disorderly persons offenses or petty disorderly persons offenses. If you have questions about whether you qualify for an expungement, it’s wise to consult an attorney at the Law Offices of Jason A. Volet.
What Are the Steps to Obtaining an Expungement?
Before expunging your criminal records, you must complete your sentence, pay any fines, and complete any other terms related to a conviction. There are also waiting periods before you can apply for an expungement. The timeframe depends on the offense, but some typical waiting periods include:
- Arrest records without a conviction – No waiting period after prosecutors drop the charges against you
- Charges dismissed due to a pre-trial intervention program – Six months
- Conditional release for some drug offenses – Six months
- Drug possession – One year
- Municipal ordinance violations – Two years
- Juvenile offenses – Three years
- Disorderly persons offenses – Three to five years, depending on the offense
- Indictable offenses – Five years
- “Clean slate” expungement – Ten years
Waiting times for certain expungements can be reduced by a year under the early pathway exemption. Discuss your case with a criminal defense attorney to determine your eligibility.
Requests for expungement can be conducted online through the New Jersey Courts website. The electronic process allows you to search for the documents you need and select the type of expungement you want. After submitting the petition for expungement, you can check your case number to track its progress. If the judge grants your petition, an order will go to the relevant agencies to seal your records. Review this guide for tips on starting the online request for an expungement.
You are not required to hire a criminal defense lawyer to file for an expungement. But it is a complicated process where a single error could set you back. Rather than risk it, talk to an attorney about how they can help with your case.
How Long Does the Expungement Process Normally Take in New Jersey?
Normally, an expungement could take up to one year from start to finish. However, the courts and New Jersey State Police have a backlog of petitions, making the final step in the process take longer. Right now, the entire process of expungement in New Jersey can take up to two years.
Why Has the Expungement Process Become Backlogged?
Many of New Jersey’s courts shut down during the COVID-19 pandemic, leading to the estimated two-year backlog. This is understandably distressing for clients who want to move on with their lives.
Can the Expungement Process Be Expedited?
Naturally, you want to get your records expunged as soon as you become eligible. However, there is no official way to expedite a petition. The best way to avoid delays is to work with an expungement advocate to prevent mistakes from causing unnecessary delays to your request.
How Can an Attorney Help?
An attorney can help with an expungement petition in several ways. Some of these include:
- Answering your questions about the expungement process
- Helping you find the records you need for your petition
- Filing your petition for expungement
- Tracking the progress of your request
- Representing you in any necessary hearings
- Communicating with you throughout the legal process
Contact a New Jersey Expungement Legal Adviser Today
Expungement allows you to leave the past behind. At the Law Offices of Jason A. Volet, we want to assist you in getting your life back on track. Call us today or visit our contact page for a free consultation.
