Expungements

New Jersey Criminal Defense Attorney Representing Clients who Seek to Expunge their Criminal RecordExpungements

People convicted of many types of criminal offenses in New Jersey can sometimes petition the court to have the record of that conviction expunged. The ability to expunge a criminal record can be critical to people seeking certain types of jobs, applying for admission to college or professional education programs, or hoping to secure professional licenses. Utilizing this procedure can help reduce the possibility that a conviction will appear during a routine background check.

The process is fairly straight-forward. The applicant, through their attorney, files a petition for expungement in the Superior Court of the county where the case was heard and the defendant was sentenced. The court will then assign a hearing date for the petition. The defendant will be required to provide notice of the hearing date to all interested parties in advance of the date, and to provide the court with proof that this notice was given. The court will hold a hearing if a party that received notice objects to the relief sought. If there are no objections and the defendant is otherwise eligible for the requested relief, the court will enter an order directing that the defendant's record be expunged.

The entry of an order granting the expungement does not mean that the defendant's record has been "sealed", or that the records of the criminal case were destroyed. It means simply that the records were removed from the court's regular files and stored separately in another facility. If, for example, the representative of a prospective employer contacts the court to see if the applicant has a prior criminal record, they should be told only that the records that the court keeps in the ordinary course of its affairs were checked, and that no records pertaining to the applicant could be located.

It is important to remember that the petitioner's criminal records will remain available to certain institutions and agencies even after an expungement is granted. For example, applicants for gun permits cannot hide a prior criminal conviction by means of an expungement. The local and state authorities reviewing the gun permit application will still have access to any expunged criminal records.

Seek advice on eligibility for expungement

The New Jersey law firm of James S. Friedman, LLC, handles expungements for clients who have been convicted of a criminal offense, including an indictable offense, a non-indictable offense, a disorderly persons offense, or even a petty disorderly persons offense. Attorney Friedman is fully familiar with the rules and eligibility requirements for this relief, and frequently works with clients seeking the benefits of this procedure.

Five-year waiting period for criminal expungement

Those convicted of crimes in New Jersey are eligible for an expungement after a certain amount of time has elapsed. This time period can be as long as five years and, generally speaking, starts to run from the date of conviction or completion of sentence. Further, certain crimes may not be eligible for expungement. In light of the foregoing, it is important to understand the rules governing this procedure before a petition is even filed. Defendants should not file for expungements until and unless they are sure that they satisfy all eligibility requirements.

Seek knowledgeable advice about expungement

The eligibility requirements for an expungement can vary depending on the nature of the offense and the court that heard the case. It is important to seek legal advice from an experienced criminal defense attorney who thoroughly understands this procedure. The law has a number of exceptions and qualifications not detailed here. Mr. Friedman will advise you about your chance of success, and prepare and file the petition and other required paperwork.

To discuss expunging your New Jersey arrest or conviction record, contact Mr. Friedman online or call 800-361-6554 (toll free) to schedule a consultation.

Client Reviews
"I hired Mr. Friedman to represent my son in a criminal matter that could have landed him in jail. Nobody in our family had ever been involved with the criminal justice system before, so this was all very new to us. He was very patient, answered all of our questions, and made sure we understood everything each step of the way. By the time the case was over, my son had a reduced charge for which he only had to pay some fines."
★★★★★
"Mr. Friedman represented me when I was one of several students caught with drugs in a college dorm room. I was set to graduate at the end of the semester, and thought this case would ruin my life. He got my charges dismissed, and the record expunged. This lawyer was a total lifesaver!" Anonymous
★★★★★
"Our daughter has mental health issues. She got into a scuffle with the police and was charged with assaulting an officer. Our attorney, Jim Friedman, was able to show the prosecutor and Judge that the real problem here was her mental stability. She was placed on probation and avoided jail time. Most other lawyers we spoke to refused to take this case, but Jim Friedman took it and got us a great result. Thank you Mr. Friedman!" Anonymous
★★★★★
"I had federal criminal charges and felt totally lost. I was one of who knows how many defendants in this case, and I read on the Internet that almost everyone in federal court end up with a prison sentence, so I was really scared. My first lawyer, who told me that I would probably spend at least some time in prison, barely gave me the time of day after I paid him. Then I hired Jim Friedman to represent me. He stayed with me throughout the entire process. He was always available to answer my questions, and never let me lose hope. He negotiated aggressively with the federal prosecutor and I ended up with a short term of probation. I knew I would get convicted of something, but this lawyer kept me out of jail." Anonymous
★★★★★
"The only part of my trial that was better than watching Mr. Friedman question the witnesses was when the jury came out and said “not guilty” over and over again. You have to see this lawyer in court!" Anonymous
★★★★★
Contact Us
Contact Us