Title: New Jersey Expungement Handbook — Procedures and Law: Comprehensive Guide for Clearing Your Criminal Record Introduction: The New Jersey Expungement Handbook serves as an invaluable resource for individuals seeking to understand the expungement process and laws in New Jersey. This detailed guide aims to educate readers on the various procedures involved, including eligibility criteria, filing requirements, and legal implications, enabling them to navigate expungement with confidence and regain control over their lives. Let's delve into the different types of New Jersey Expungement Handbook and explore their contents: 1. New Jersey Expungement Handbook for Beginners: This handbook caters to those who are new to the concept of expungement in New Jersey. It starts by defining expungement and its significance, explaining crucial terms and concepts related to the process. Topics covered include the benefits of expungement, eligibility requirements, the role of the court, and understanding the expungement petition. 2. New Jersey Expungement Handbook for Convicted Individuals: Designed specifically for individuals who have been convicted and wish to erase their criminal record, this handbook provides comprehensive information about expungement procedures tailored to their situations. It covers more advanced topics such as the statutory waiting periods for different offenses, potential exceptions and exclusions, necessary documentation, and court appearances. 3. New Jersey Expungement Handbook for Attorneys: This handbook is aimed at legal professionals practicing in New Jersey, providing a comprehensive overview of the expungement process and the intricacies of expungement laws. With detailed analysis of relevant statutes, case studies, and practical guidance, attorneys can gain an enhanced understanding of the procedures, enabling them to effectively represent their clients and offer accurate advice. 4. New Jersey Expungement Handbook for Employers and Landlords: Created for employers and landlords, this handbook informs them about the rights and obligations they have when considering applicants with prior criminal records seeking employment or housing in New Jersey. It provides insights into what information is considered during background checks, how expungements affect an individual's record, and the legal restrictions placed on employers and landlords regarding the use of expunged records. 5. New Jersey Expungement Handbook for Juveniles: This handbook caters specifically to the expungement needs of individuals who were convicted of offenses as minors in New Jersey. It explains the unique expungement guidelines for juvenile offenders, including the waiting periods, court procedures, and considerations for sealing juvenile records to ensure a fresh start towards building their future. Each New Jersey Expungement Handbook strives to offer an in-depth understanding of the state's expungement procedures, eligibility criteria, and laws. By providing relevant information and valuable insights, these handbooks empower individuals, legal professionals, employers, landlords, and juvenile offenders to demystify the expungement process and make well-informed decisions.
New Jersey Expungement Handbook - Procedures and Law
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FAQ
As opposed to expungement, sealing your criminal record does not erase it completely. Instead, a sealed record becomes much more difficult for certain parties to access.
Do I need a lawyer to file a petition for expungement? The court system can be confusing, and it is a good idea to get a lawyer if you can. If you cannot afford a lawyer, you can contact the legal services program in your county to see if you qualify for free legal services.
Under New Jersey's new Clean Slate expungement provisions, you can have your entire criminal record expunged ten years after you've completed your sentence and paid all fines. You may have previously been unable to expunge a conviction because you had something expunged earlier or had multiple indictable offenses.
Does it cost to file for an expungement? Yes. In New Jersey, filing a petition for expungement carries a $75 filing fee.
It will allow individuals to clear an entire record of arrests and convictions 10 years after their most recent conviction, payment of fine, satisfactory completion of probation, or parole or release from incarceration, whichever comes later.
An eligible person must prepare and file a Petition for Expungement. The Petition for Expungement must be filed in the Superior Court in the county where the arrest or prosecution took place. A judge then decides whether the person should be granted an Expungement Order.
Normally, an expungement could take up to one year from start to finish. However, the courts and New Jersey State Police have a backlog of petitions, making the final step in the process take longer. Right now, the entire process of expungement in New Jersey can take up to two years.
Compelling circumstances may include job training, education, employment, community involvement, or sports participation opportunities. You can expunge up to five disorderly persons offenses, including petty disorderly offenses, five years after completing supervision, and fine payment.