ERASE/ EXPUNGEMENT OF ARRESTS AND CONVICTIONS TO AVOID EMBARRASSMENT AND DISCLOSURE BY KENNETH A. VERCAMMEN, ESQ. If someone has been arrested or even had a private criminal complaint signed against them in the Municipal Court, they have a criminal record, even if the charges were dismissed. Under NJSA 2C:52- 1 et seq. past criminal arrests and convictions can be expunged/ erased under certain instances. We always recommend individuals hire an attorney to obtain an expungement. The process for all expungements are held in the Superior Court. It takes a minimum of three months for the court to grant the expungement.
The requirements are very formal. There
can be a waiting period between 6 months up to 10 years after the criminal cases is finished. When retaining the attorney, obtain a "certified disposition" of the court's decision, from the Court itself.
Court costs and Legal fees for
expungement range from $1,500- $2,500. Thousands of citizens over the past 30 years have been arrested for criminal, disorderly, and municipal ordinance offenses.
The courts and
police must keep a record of all arrests and convictions, even if 30 years old.
These "secrets of the past" could be open to anyone including credit
agencies.
Under one proposal, for a $15.00 fee, someone could ask the
state police for a person's criminal record, even arrests with not guilty findings.
Allowing access to a person's old criminal conviction or arrest
record could open the door for discrimination or job loss against someone who
now is a productive,
respected,
and law abiding
citizen.
Many
employers often do a criminal background check on new and promoted employees.
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Fortunately, if you are a law abiding citizen, you can now have old arrests or most convictions erased from public records and police folders. Under NJSA 2C:52- 1 et seq. past criminal arrests and convictions can be expunged/ erased under certain instances. Waiting periods If you were convicted or pleaded guilty to a disorderly person offense (misdemeanor type) more than 5 years ago, and have not been convicted of anything since, you can have your attorney petition to the Superior Court for an Expungement (Erase and removal) of your criminal record.
The
waiting period starts from the full payment of fines, completion of probation or other requirements, whichever finishes latest. If you plead guilty to a town ordinance (ex. - Seaside Heights Drinking in Public) you can petition for an Expungement after waiting two years. A Juvenile delinquent/guilty finding for a minor can also be expunged/erased under similar circumstances. In addition, minor drug arrests which resulted in first offender conditional discharge can be erased after 6 months has passed since termination of probation or conclusion of court proceedings. Most importantly, arrests on frivolous complaints which did not result in a conviction or if charges were dismissed, can be expunged, without waiting. The waiting period on an indictable charge [guilty plea in Superior Court] is 10 years. The following criminal offenses are some of the typical offenses individuals can petition for expungement: Alcohol Underage Arson Assault Bad Check Burglary Conspiracy Criminal Mischief
2C:33- 15 2C:17- 1 2C:12- 1 2C:21- 5 2C:18- 2 2C:5- 2 2C:17- 3 2
Criminal Trespass Disorderly Conduct Drug Paraphernalia False / Fraud Instrument Harassment Hindering Apprehension Lewdness / Criminal Contact Obstructing Admin. of Law Possession Drugs Prohibited Weapons Prostitution Receiving Stolen Property Resisting Arrest Shoplifting Stalking Terroristic Threats Theft by Deception Theft of Services Theft Unlawful Taking Wandering Weapon Unlawful Purpose
2C:18- 3 2C:33- 2 2C:36- 1 2C:21- 3 2C:33- 4 2C:29- 3 2C:14- 4 2C:29- 1 2C:35- 10 2C:39- 3 2C:34- 1 2C:20- 7 2C:29- 2 2C:20- 11 2C:12- 10 2C:12- 3 2C:20- 4 2C:20- 8 2C:20- 3 2C:33- 2.1 2C:39- 4
THE EXPUNGEMENT PETITION You
should
contact
an
attorney
experienced
with
handling
expungements. The Expungement Petition is filed in the county where the offense took place, not where the defendant lives. The petition is filed not in the Municipal Court but in the Superior Court. Once filed, the Superior Court will set a hearing Expungement
within
35- 60 days. Your attorney
will prepare
an
Petition which under state law must contain substantial
background information, including: a. Date of Birth and Social Security # b. Date of Arrest c. Statute Arrested For and Statute Convicted d. Original Indictment, Summons, or Complaint Number e. Petitioner's Date of Conviction or Date of Disposition f. Court's Disposition of the Matter and Punishment Adopted, if Any 3
In addition, the Expungement Petition must have an affidavit that states that there are no charges pending and that the petitioner never previously received a prior expungement. As required under the statute, the attorney for the applicant must serve a copy of the Petition Order for hearing and supporting documents on the following people:
1.)
Superintendent of State Police
2.)
Attorney
General 3.) County Prosecutor of the county where the court is located 4.) The Chief of Police where the event took place enforcement
officer
of
participated in the arrest
any 6.)
other
law
5.)
enforcement
The chief law agency
which
The warden of any institution where the
petitioner was confined 7.) the Municipal Court if the disposition was made by a municipal court, 8 County Sheriff if they took fingerprints. If you satisfy all other statutory requirements and there is no objection by the entities notified, the court will usually grant an order directing the Clerk of the Court and all relevant criminal justice and law enforcement agencies
to
expunge
(remove)
records
of
said
disposition
including
evidence of arrest, detention, conviction, and proceedings. There are additional pleadings which the applicant's attorney must prepare and file. If you have an old offense, it is important that you have the arrest expunged to keep your name and record clean. All criminal charges, even if dismissed, stay on your
record
forever,
unless the
expungement order is granted by a Superior Court Judge. Kenne t h Verca m m e n is a Litigation Attorney in Edison, NJ, approximately 17 miles north of Princeton. He often lectures for the American Bar Association and New Jersey State Bar Association on personal injury, criminal / municipal court law and practices to improve service to clients. He has published 125 articles in national and New Jersey publications on municipal court and litigation topics. He has served as a Special Acting Prosecutor in seven different cities and towns in New Jersey and also successfully defended hundreds of individuals facing Municipal Court and Criminal Court charges. 4
In his private practice, he has devoted a substantial portion of his professional time to the preparation and trial of litigated matters. He has appeared in Courts throughout New Jersey several times each week on many personal injury matters, Municipal Court trials, arbitration hearings and contested administrative law hearings. He is the Editor of website www.njlaws.com, of to the country’s top legal websites providing information on Personal Injury, Criminal, Traffic, Wills, Proba te & Estate Law Kenne t h Vercam m e n was the 200 8 Municipal Court Attorne y of the Year. KENNETH VERCAM MEN & ASSOCIATES, PC ATTORNEY AT LAW 2053 Woodbridge Ave. Edison, NJ 08817 (Phone) 732- 572- 0500 (Fax) 732- 572- 0030 www.BeNotGuilty.com
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