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Expungements

AN EXPUNGEMENT IS AN IMPORTANT AND BENEFICIAL LEGAL PROCESS IN WHICH AN INDIVIDUAL'S CRIMINAL RECORD IS CLEARED OF ARRESTS, OFFENSES, DISMISSALS, AND FELONY CONVICTIONS.

If you plead guilty or no contest to an offense in New Jersey, and have a felony or other offense on your New Jersey criminal record, there is a chance that you may be able to have it expunged, and isolated from your criminal record.

If you have been arrested or convicted of a crime you should call or email our office to discuss having your criminal record cleared. With a record showing an arrest or conviction, you may find it difficult to perform many standard activities, such as renting an apartment or getting a decent job.

Not everyone who applies to have their record expunged is qualified, which is why it is so important to hire an experienced New Jersey expungement attorney. There are many factors which must be assessed, such as the date of arrest or conviction, how many times the applicant has been convicted, whether or not there are outstanding fines, etc. We will be able to review your situation and determine whether or not you are eligible to have your criminal record expunged.

Eligibilility

New Jersey Laws limit eligibility for expungement. Expungements are generally available for persons who:

  • Have been arrested but the charges were dismissed.
  • Have successfully completed the Pre-Trial Intervention (PTI) program or obtained a conditional discharge for a drug offense and six months have passed.
  • Have been convicted of a municipal ordinance violation and more then 2 years have gone by.
  • Have been convicted of a petty disorderly persons or disorderly persons offense and more then 5 years passed since all fines have been paid and/or probation has been completed.
  • Have been convicted of a crime (Felony) and more then 10 years have gone by since completion of probation and/or release from prison and payment of all fines.

Expungement Eligibility Chart

The following is a chart which provides general information on the limitations and waiting periods for expungement of criminal records in New Jersey.

Indictable Criminal Offenses

One Conviction May Be Expunged

10 Year Waiting Period from date of Completion of Supervision

Disorderly Persons Offenses (Including Petty)

Up to two (2) Convictions May be Expunged Provided Petitioner has No Criminal Convictions

5 Year Waiting Period from date of Completion of Supervision

Ordinance Violations

No Limit Provided Petitioner has no Criminal Record and no more than two (2) disorderly convictions

2 Year Waiting Period from the date of Completion of Supervision

Juvenile Delinquency Offenses

All Records Subject to Expungement Except those Which would be ineligible if Committed by an Adult

5 Year Waiting Period from the date of Completion of Supervision

Records of Young Drug Offenders

No Limit If Conviction is for Possession or Use of CDS

1 Year Waiting Period from date of Completion of Supervision

Arrests Not Resulting in Conviction

No Limit

6 Month Waiting Period If Dismissed as a result of a Diversion Program, otherwise, there is no waiting period

If you want to expunge a criminal conviction or arrest, I would be happy to assist you. Our law firm will address any eligibility issues and I will answer all of your questions before the expungement petition is filed. We file expungement applications in every County in New Jersey. Please do not hesitate to contact my office to arrange for a free consultation. We can be reached at (732) 431-2224 or email me directly. All consultations are confidential.

Office Hours

 

LAW OFFICE of THOMAS HUGH MARTIN, L.L.C.

COUNSELOR AT LAW

10 E. Main Street; Suite 2B

Freehold, New Jersey 07728

Tel. (732) 431-2224

Fax. (732) 431-2241

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