Expungement Lawyers in Essex County, NJ

New Jersey Expungement Lawyers Help Clients Obtain a Clean Slate in Essex County and Throughout North Jersey

It can happen to anyone: you made a mistake, were convicted of a crime and are now paying the price.  Every time you apply for a job, housing or even a loan at the bank, you may feel a sense of dread or embarrassment—and fear that you might be denied because of your criminal record.  At some point, you might start to wonder whether the need to disclose your criminal history will ever end. Fortunately, getting a clean slate in New Jersey is often possible.

Everyone makes mistakes and everyone deserves a second chance.  Even the state of New Jersey recognizes the importance of forgiving people for past crimes.  Because of this, New Jersey has expanded the availability of expungements so that more people can take advantage of the clean slate that an expungement can offer.

At Birkhold & Maider, LLC, our talented team of lawyers is here to evaluate every aspect of your past conviction.  We will work closely with you to determine whether you are eligible for an expungement under New Jersey law.  

The process for obtaining an expungement in Essex County can be complicated, but our lawyers are here to help.  Call or contact us for a free initial consultation today so that we can begin the process of determining whether you qualify for a clean slate.

Qualification for Expungement Under New Jersey Law

Most people who are convicted of a crime are primarily concerned with whether they will serve jail time.  However, it is your criminal record that will continue to haunt you even after you have completed your required punishment.  The expungement process in New Jersey provides a way to have your criminal record cleared if you meet certain criteria. In general, an expungement for a conviction may be available under New Jersey law if:

• You have been convicted of only one indictable (felony-level) offense,
• You have been convicted of four or fewer disorderly persons offenses,
• The offense in question qualifies for expungement,
• A certain period of time has passed.

Specific criminal convictions that cannot be expunged in New Jersey include, but are not limited to:

• Aggravated sex crimes,
• Kidnapping,
• Murder and manslaughter,
• Robbery,
• Rape,
• Arson,
• Kidnapping,
• Perjury,
• Endangering the welfare of a child.

Our experienced lawyers will provide a free case evaluation to determine whether you are eligible for expungement under the expanded New Jersey law.    

Satisfying the Applicable Waiting Periods for Expungement Under New Jersey Law

Under a new law put into effect in 2018, completion of a New Jersey diversionary program, such as pre-trial intervention and conditional discharge, can be expunged from your record after six months have passed.  Additional relevant waiting periods before expungement becomes possible include:

• Drug possession: One year from the date you completed your jail sentence and/or paid all fines.
• Disorderly persons offenses: If you have no more than four disorderly persons offenses, five years after punishment is complete.
• Single indictable crime: if you have no more than three disorderly persons offense convictions, six years after punishment is complete.
• Multiple indictable crimes: If you have more than one conviction for a felony-level crime, they may only be expunged if they are part of a single conviction or were closely related in circumstances, meaning committed as part of a spree.
• Municipal ordinances: Two years from completion of prison term and payment of fines.
• Juvenile crimes: Three years after punishment is complete, so long as you were not tried as an adult and have not been convicted of another crime as an adult.

There is no waiting period to expunge an arrest that resulted in a dismissal under the new law.

Our Dedicated Criminal Defense Lawyers Guide Clients Through the Complicated Expungement Process in Essex County, NJ

The process for obtaining an expungement in New Jersey is detailed and complex.  Our skilled expungement lawyers are here to simplify the process and handle all of the red tape involved.  We will:

• Obtain copies of your criminal record,
• Evaluate whether you have satisfied the requirements for expungement under the new expungement law,
• Complete the petition for expungement and provide all relevant documentation to begin the expungement process,
• Advocate on your behalf at any hearings that may be required,
• Ensure that, once your expungement is approved, the expungement order is served upon all relevant parties so that your record is cleared.

Our Experienced Essex County Lawyers Are Standing by to Help With Your New Jersey Expungement

Our experienced expungement lawyers have successfully helped many clients who once found themselves in your shoes.  We believe in the importance of second chances and will fight to clear your record. Don’t let your criminal past hold you back from achieving your goals in the present.  To schedule your free initial consultation, you can either call us or fill out this online contact form.

Frequently Asked Questions About the New Jersey Expungement Process

FAQ: How long does it take to obtain an expungement in New Jersey?  

The answer depends upon the specific facts of your case.  In some cases, the process can take up to a year. The length of the expungement process will depend upon a number of factors, including the crime involved and whether a hearing will be required.  Errors in the initial filings can make the expungement process taken even longer, so call our experienced lawyers to ensure all documentation is properly completed and filed.

FAQ: Why might my expungement take longer than others?  

The district attorney has the right to challenge any petition for expungement in New Jersey.  If your petition is challenged, the process becomes more complex and will take longer. Some expungements can be handled within a matter of months.  Expungements that take less time generally involve expunging participation in a diversionary program or expunging an arrest record where the case was eventually dismissed.

FAQ: Who has to be notified of my expungement for it to be effective?  

Numerous agencies in New Jersey must receive notice of your expungement so that it can be cleared from their records.  The New Jersey state police and the attorney general’s office must be notified at the state level. Locally, the prosecutor, sheriff and probation officer in the county where your case was tried must also receive a copy of the expungement order.  Municipal courts and local police may also need to receive notice.