If you were convicted of a crime in New Jersey, you may be wondering what happens after you’ve served your sentence. You may have heard that some crimes can be removed from your record through a process called expungement. But what crimes can be expunged in New Jersey, and what does the process entail?
Attorney William Fay, Esq., can answer these questions and more. He has unique insight into New Jersey criminal law, having served as a former Deputy Attorney General with the New Jersey Office of the Attorney General, and is prepared to guide you through the process of seeking a fresh start. Contact our office today to discuss your case with a New Jersey expungement attorney at a free, no-obligation consultation.
Why Hire William Fay for Your Criminal Expungement in New Jersey?
When you’re seeking to have your criminal record expunged, you need a compassionate legal representative who can provide reliable guidance and support throughout the process. Mr. Fay is a born-and-bred New Jerseyan who knows how to provide the results-driven, client-focused legal service you deserve.
The following are just a few reasons to choose our office for your case:
- Fay approaches every case with the attention to detail it deserves. Every case is unique, and your situation requires a thorough investigation to determine the most effective st.
- Fay will personally handle your case from start to finish.
- Our firm takes an aggressive approach to pursuing expungement of New Jersey criminal records. We’re ready to fight for the justice and closure you deserve.
- Fay takes pride in being readily accessible and in frequent, direct communication with his clients.
- We offer free consultations, both by phone and in person, to discuss your case and next steps.
Contact our law firm today to speak with an expungement lawyer in New Jersey. Your consultation is free and fully confidential.
Why Do You Need a Lawyer When Seeking Criminal Expungement?
Seeking an expungement of your criminal conviction is less straightforward and more challenging than you might hope. While the law does allow for the removal of certain convictions from your record, the process involves strict eligibility requirements and detailed paperwork. Mistakes such as missing a filing deadline or misunderstanding your eligibility criteria can delay or even prevent your expungement.
For these reasons, you need an attorney on your side. A New Jersey expungement lawyer can review your record and determine whether you qualify for expungement under state law. If you’re eligible, your lawyer will prepare the necessary petitions, making sure that every detail is accurate, and file them with the court.
Beyond handling the paperwork, they’ll respond to any objections from prosecutors or law enforcement agencies and advocate for you during hearings. Without experienced and determined legal representation, these steps can feel overwhelming and confusing, and you may never achieve the outcome you’re longing for.
You likely have many questions about the expungement process. For example, can a felony be expunged, or does the process only apply to misdemeanor convictions? Who can see expunged records in New Jersey? What effects will expungement have on your future opportunities? As your lawyer, Mr. Fay will be there to answer these questions and make sure your case is handled correctly the first time. Having his knowledge and support will greatly improve your likelihood of successfully clearing your record.
How Do I Know if I’m Eligible for an Expungement of My New Jersey Record?
Various New Jersey expungement requirements will affect your eligibility, which depends on factors unique to your case. The type of offense, the outcome of your case, and how much time has passed will all influence when and whether you’ll be eligible for expungement. Mr. Fay can review the details of your case to help you understand your eligibility and the possible timeline for expunging your record.
Individuals with criminal records in New Jersey may be eligible to have them expunged through various processes, depending on the type of case and specific circumstances. They are as follows:
- Traditional Expungement – May clear one or several indictable or disorderly persons convictions if you meet specific requirements
- Recovery Court Expungement – Available if you’ve successfully completed and are discharged from recovery court, clearing your entire record of arrests and convictions
- Clean Slate Expungement – Allows for the expungement of an entire record if 10 years have passed since your last conviction, release from supervision, or payment of fines
- Young Drug Offender Expungement – Applies to certain drug possession offenses if you were under 21 at the time
- Juvenile Expungement – Clears an entire record of juvenile adjudications if you satisfy eligibility requirements
- Marijuana Conviction Expungement – Applies to certain marijuana-related convictions if you qualify under current law
- Dismissed Cases – Expunges arrests that did not result in convictions, including those resolved through supervisory treatment or conditional dismissal
What Crimes May Be Expunged in New Jersey?
New Jersey law provides individuals with the opportunity to move forward without the burden of a criminal record by expunging certain offenses. Can a misdemeanor be expunged? In many cases, it can. Further, while higher-level felonies are often ineligible, many felony offenses may still have a path for expungement.
Eligibility depends on your specific circumstances, and not all offenses within the following categories are automatically eligible. However, many records can be expunged if you meet the waiting periods and other requirements under New Jersey law.
- Municipal Ordinances – Violations such as local noise complaints, curfew violations, or loitering
- Disorderly Persons Offenses – Offenses like simple assault, shoplifting (under a certain value), harassment, or possession of a small amount of marijuana or drug paraphernalia
- Drug Offenses – Including possession of certain controlled substances or being under the influence of drugs in public
- Theft Offenses – Offenses like petty theft, theft by deception, or receiving stolen property where the value involved is below the statutory threshold
What Crimes Cannot Be Expunged in New Jersey?
While many offenses may qualify for expungement, New Jersey law bars expungement for certain crimes. These restrictions are in place because the state considers some offenses too serious to be cleared from the record.
The following offenses are not eligible for expungement under New Jersey law:
- Criminal homicide (except death by auto)
- Kidnapping
- Luring or enticing
- Human trafficking
- Sexual assault or aggravated sexual assault
- Aggravated criminal sexual contact
- Criminal sexual contact (if the victim is a minor)
- Criminal restraint or false imprisonment (if the victim is a minor and the offender is not the parent)
- Robbery
- Arson and related offenses
- Endangering the welfare of a child (involving sexual offenses and/or child pornography)
- Perjury
- False swearing
- Knowingly promoting the prostitution of one’s child
- Terrorism
- Producing or possessing chemical weapons, biological agents, or nuclear or radiological devices
- Conspiracies or attempts to commit any of the crimes above
What Is the Process of Expunging a Criminal Record in New Jersey?
Not sure how to expunge your record in New Jersey? That’s understandable, as the process involves numerous technical steps and strict requirements. This is where hiring an attorney like Mr. Fay can make such a difference. Instead of trying to navigate the rules and procedures on your own, trust our firm to manage every aspect of your case.
When you work with us to pursue expungement, we can:
- Evaluate your record to determine your eligibility for expungement under New Jersey law
- Identify the proper path to expungement for your situation
- Obtain and review all necessary court and arrest records
- Prepare the petition and supporting documents
- File your petition with the appropriate Superior Court
- Serve copies on prosecutors, law enforcement agencies, and state agencies
- Track deadlines and respond to any objections
- Appear with you in court if you’re required to attend a hearing
- Obtain and distribute certified copies of the signed expungement order
- Follow up to confirm that state and local agencies have updated their records
If I Plead Guilty, Can I Receive an Expunction of My Record?
A guilty plea, like a conviction, is not a bar to having your case expunged from the record. If your guilty plea falls within an established expungement category, you’ve met other eligibility rules, and the required New Jersey expungement waiting time has elapsed, you may qualify for expungement of your criminal record. Your attorney can review the details and determine whether you are eligible.
What Does It Mean to Have a Criminal Record Sealed?
When a criminal record is sealed, the public has a much more difficult time accessing it. This means employers, landlords, and most licensing agencies won’t be able to see your record when conducting a background check.
For most people, sealing a record allows them to move forward without the stigma of a conviction interfering with employment, housing, or educational opportunities. However, sealing does not provide the same privacy and peace of mind as expungement, which effectively removes your offenses from your criminal record.
Contact a Criminal Expungement Attorney in New Jersey Today
Have you completed your sentence after a criminal conviction in New Jersey? Depending on the type of case, how much time has passed, and other factors, you may be eligible to have the offense removed from your record, allowing you to move forward with confidence and reassurance.
The office of William Fay, Esq., can help you through the process. Contact us today to meet with a professional New Jersey expungement lawyer and discuss your legal rights and options.