A new law will make it easier for those who have been charged or convicted of a crime or disorderly persons offense to expunge their criminal record. Expungement is essential for anyone seeking a new, or better job, for those applying for certain housing, and for those pursuing higher education or professional licensing.
The new law, which goes into effect on April 18, 2016, will, in the case of a Superior Court criminal conviction, reduce the waiting period for expungement from 10 years to 5 years from the individual’s sentencing date, payment of fines and penalties, conclusion of probation or parole, or release from jail, whichever is later. For Municipal Court disorderly persons offenses, the waiting period for expungement will be reduced from 5 years to 3 years. The waiting period for expungement of a Municipal ordinance, 2 years, remains the same.
In certain circumstances, the new law permits the expungement of criminal conviction records for those who have successfully completed Drug Court probation.
The law would not permit expungement for offenses which cannot be expunged under current law. For example, Superior Court convictions of most violent crimes cannot ordinarily be expunged.
Expungement remains immediately available for those whose charges have been dismissed or for individuals who have been found not guilty after a trial, regardless of the extent of their prior record. Expungement is also available 6 months after the successful conclusion of a diversion program, such as a conditional discharge for drug offenses, or pretrial intervention.
Our firm has obtained expungements of NJ Municipal Court disorderly persons offenses and municipal ordinance matters, Juvenile Court adjudications, and Superior Court indictable criminal cases, for nearly 30 years. We practice throughout the State of New Jersey, and have a proven track record of excellent results for our clients. Please contact us in any one of our convenient locations, including our Monmouth County office, located in Eatontown (at the Jersey Shore), our Essex County office, located in Livingston, our Union County office, located in Linden, or our Middlesex County office, located in East Brunswick, to discuss your case. You may call the experienced criminal defense attorneys of Schwartz & Posnock at 732-544-1460 or email us at info@schwartzposnock.com.