The Steps You Need to Take to Get Your Record Expunged
If you are applying for a job and you have an arrest record (even if you weren’t convicted), you may be disqualified for consideration. A felony conviction in New Jersey, or even an arrest, can hamper efforts to adopt a child, prevent you from getting a firearms identification card or keep you from coaching youth sports. You can, however, seek to “expunge” your record, so that it is no longer available as part of the public record. If you want to put your past behind you, I can help. Gregg A. Wisotsky, Esq., Partner, Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins, PC, has more than 25 years of experience handling a wide range of criminal matters, including the expungement of criminal records. We offer a free phone consultation to every new client. Call us at 973-898-0161 or contact our office online for a private meeting.
How Do You Qualify for Expungement of a Criminal Record?
In New Jersey, there are several factors that a court can consider when ruling on a request for expungement. Among the criteria the court will consider are:
- The nature of the crime — The more serious the crime, the less likely it will be expunged. Some crimes, such as murder, sexual assault and other violent crimes, are generally not subject to expungement
- Were you only arrested, or were you convicted?
- Was this your only conviction for this offense?
- What was your sentence, and did you fully serve your sentence and meet all other requirements, including the payment of any fines?
- Have you previously had crimes expunged?
- Are there any charges pending against you?
The statute also establishes waiting periods for expungement of different types of crimes. In most situations, a felony may only be expunged after 10 years. Misdemeanors require a five-year wait, and municipal infractions cannot be expunged for two years.
We offer a free phone consultation to every prospective client. For a complimentary evaluation of your case, contact our office online or call us at 973-898-0161. We will come to your home or the hospital to meet with you, if necessary. All major credit cards are accepted.