NEW JERSEY INDICTABLE OFFENSE EXPUNGEMENT
Sussex County Criminal Defense Lawyer
A criminal record can create many disabilities for an individual in the State of New Jersey, such as reducing options for employment and employment discrimination. However, if you have only one criminal conviction and no more than two disorderly persons offense, you may be able to expunge your criminal record. To determine your expungement eligibility, contact the indictable offense expungement law firm of Maynard Law Office, LLC in Morristown. Our experienced lawyers will be able to advise you whether petitioning to expunge your record is possible.
To expunge your criminal record, New Jersey requires the following:
- 5 to 10 years have elapsed since the time of completion of sentence, time-served, parole, probation, or payment of fines, whichever was later;
- Only one criminal conviction, and no more than 2 disorderly persons (DP) offenses;
- No prior expungement of an adult conviction;
- The crime did not involve a public office; and
- No prior dismissals via PTI or a conditional discharge.
Even if you satisfy the above criteria, a judge may still reject your application based on the nature of the disorderly persons offenses. Judges want to see a defendant who has learned from their mistakes and have made an effort to rehabilitate after his or her criminal conviction. For instance, if you have been criminally convicted of assault and then were convicted of simple assault, a disorderly persons offenses, a judge may determine that you are not a suitable candidate and deny your petition.
Passaic County “Early Pathway” Attorney
Other things you may want to consider:
- Do you have a juvenile record? If you want to clear your criminal history, you must expunge your juvenile record first. You will be ineligible to expunge a juvenile record if you have already expunged an adult record.
- Do you have any doubt or concern that you may be arrested or convicted of a DP in the future? Once you have had a criminal conviction expunged, you cannot receive another of any kind.
- Are you considering applying after 5 years, i.e. an “Early Pathway” expungement? If you are, you may not have had any subsequent convictions since the indictable conviction and a court must find that an expungement is consistent with the public interest by giving due consideration of the nature of the offense and the petitioner’s conviction and conduct since the conviction.
The Morristown law office of Maynard Law Office, LLC offers free consultations and payment plans. To speak with an experienced lawyer, call973-540-0054 or contact us online.