If you have previously been convicted of a criminal charge, you may have learned your lesson and are looking to put it behind you. However, they may pose as difficult to do with a permanent criminal record being attached to you. Continue reading to learn how expungement works in the state of New Jersey and how an experienced Morristown criminal defense lawyer at Graves Andrews, LLC can help execute this.
What is expungement?
Simply put, an expungement is the removal of all records on file within a court, correctional facility, law enforcement, criminal justice agency, etc. So, if you can successfully achieve a court-ordered expungement, you may remove the following information from your records on file:
- Your history of arrests.
- Your history of criminal convictions.
- The court proceedings relating to your case.
- The outcome and sentence you received from your case.
What are the laws surrounding expungement in the state of New Jersey?
If you are interested in getting your criminal convictions expunged, then you usually will have to wait around five years after your sentence is served. With this, you must have also paid all your fines and fees associated with your criminal charges. Importantly, you cannot expunge anymore than one indictable conviction and no more than three disorderly persons offenses or petty disorderly persons offenses.
Also in the state of New Jersey, there is something known as a clean slate expungement. With this, you may expunge your entire record 10 years after your last conviction, pay off your fines and fees, or complete your probation or parole, whichever is last to occur.
However, not all records of conviction can be expunged in the state of New Jersey. Some ineligible crimes are as follows:
- Criminal homicide.
- Criminal restraint.
- Kidnapping.
- Endangering the welfare of a child.
- Luring or enticing.
- Aggravated sexual assault.
- Aggravated criminal sexual contact.
- Criminal sexual contact of a minor.
- Robbery.
- Perjury.
- False swearing.
What are the long-term consequences if I cannot get my criminal record expunged?
If you cannot get your criminal record expunged, then you will, unfortunately, have to continue carrying this with you in your day-to-day life. The long-term consequences of a criminal record include, but are not limited to, the following:
- It may restrict you from obtaining employment or higher education.
- It may restrict you from accessing housing.
- It may restrict you from qualifying for loans and credit.
- It may restrict your right to vote, own a firearm, or drive.
- It may alter your child custody agreement or visitation rights.
- It may alter your immigration status.
If you require assistance with getting your records of conviction expunged, then you must reach out to a skilled Morristown criminal defense lawyer today.
