Erasure / cancellation of arrests and convictions to avoid embarrassment and disclosure
If someone has been arrested or even a private criminal complaint has been signed against them in the Municipal Court, they have a criminal record, even if the charges were dismissed. According to NJSA 2C: 52-1 et seq. Previous criminal arrests and convictions can be expunged / erased in certain cases. We always recommend that people hire an attorney to obtain a cancellation. The expungement process takes place in Superior Court. It takes a minimum of three months for the court to grant removal. The requirements are very formal. There can be a waiting period between 6 months and 10 years after the criminal case ends. When hiring the attorney, obtain a “certified disposition” of the court’s decision, from the Court itself. Court costs and expungement legal fees range from $ 1,500 to $ 2,500. Thousands of citizens over the past 30 years have been arrested for criminal offenses, disorder, and municipal ordinances. Courts and police must keep a record of all arrests and convictions, even if they are 30 years old. These “secrets of the past” could be open to anyone, including the credit bureaus. Under one proposal, for a fee of $ 15.00, someone could ask state police for a person’s criminal record, including arrests without a conviction. Allowing access to a person’s arrest or criminal record could open the door to discrimination or job loss against someone who is now a productive, respected, and law-abiding citizen. Many employers often check the criminal records of new and promoted employees. Fortunately, if you are a law abiding citizen, you can now have previous arrests or most convictions expunged from public records and police files. According to NJSA 2C: 52-1 et seq. Previous criminal arrests and convictions can be expunged / erased in certain cases.
Waiting periods If you were convicted or pleaded guilty to a disorderly conduct offense (misdemeanor type) more than 5 years ago and you have not been convicted of anything since then, you can have your attorney apply to Superior Court for a cancellation) of your criminal record. The waiting period begins with full payment of fines, completion of probation, or other requirements, whichever ends later. If you plead guilty to a city ordinance (for example, Seaside Heights Drinking in Public), you can apply for an Expungement after waiting two years. A juvenile delinquent / guilty sentence of a minor can also be expunged / expunged in similar circumstances. Additionally, minor drug arrests that resulted in the conditional release of the first offender may be expunged after 6 months have passed from the termination of probation or the conclusion of court proceedings. Most importantly, arrests for frivolous allegations that did not result in a conviction or if the charges were dismissed can be dropped without waiting. The waiting period for an actionable charge [guilty plea in Superior Court] It is 10 years. The following criminal offenses are some of the typical offenses that people can request for expungement: Alcohol Minors 2C: 33-15 Arson 2C: 17-1 Assault 2C: 12-1 Bad check 2C: 21- 5 Theft 2C: 18-2 Conspiracy 2C: 5-2 Criminal mischief 2C: 17-3 Criminal trespass 2C: 18-3 Disorderly conduct 2C: 33-2 Drug paraphernalia 2C: 36-1 False instrument / fraud 2C: 21- 3 Harassment 2C: 33-4 Obstructing apprehension 2C: 29-3 Lewd / criminal contact 2C: 14-4 Administrative obstruction. 2C: 29-1 Possession of drugs 2C: 35-10 Prohibited weapons 2C: 39-3 Prostitution 2C: 34-1 Receipt of stolen property 2C: 20-7 Resistance to arrest 2C: 29-2 Shoplifting 2C : 20-11 Stalking 2C: 12-10 Terrorist threats 2C: 12-3 Theft by deception 2C: 20-4 Theft of services 2C: 20-8 Theft Illegal taking 2C: 20-3 Loitering 2C: 33-2.1 Weapon Illegal purpose 2C: 39-4
THE CANCELLATION PETITION You should contact an attorney experienced in handling expungements. The cancellation petition is filed in the county where the crime was committed, not where the defendant lives. The petition is not filed in the Municipal Court but in the Superior Court. Once filed, the Superior Court will set a hearing within 35 to 60 days. Your attorney will prepare a Petition for Expungement which, under state law, must contain substantial background information, including: a. Date of birth and social security number b. Date of arrest c. Arrested statute and sentenced statute d. Original indictment, summons or complaint number e. Petitioner’s conviction date or disposition date f. Disposition of the Court on the matter and sanction adopted, if any
Additionally, the Petition for Cancellation must have an affidavit stating that there are no outstanding charges and that the Petitioner never received a prior cancellation. As required by statute, the applicant’s attorney must serve a copy of the petition for hearing order and supporting documents to the following persons:
1.) Superintendent of the State Police 2.) Attorney General
3.) County Attorney for the county where the court is located
4.) The Chief of Police where the event took place.
5.) The chief law enforcement officer of any other law enforcement agency that was involved in the arrest.
6.) The warden of any institution where the petitioner was interned
7.) the Municipal Court if the disposition was made by a municipal court, 8 County Sheriff if they took fingerprints.
If you meet all other legal requirements and there are no objections from the notified entities, the court will generally grant an order directing the clerk of court and all relevant criminal justice and law enforcement agencies to remove (remove) the records of such disposition, including evidence. of arrest, detention, conviction and procedures. There are additional pleadings that the applicant’s attorney must prepare and present. If you have a prior violation, it is important that you expunge the arrest to keep your name and record clear. All criminal charges, even if they are dismissed, remain on your record forever, unless a Superior Court judge grants the expungement order.