New Jersey Criminal Defense Lawyer Blog

On January 12, 2010, the New Jersey Governor signed into law a number of significant amendments to the New Jersey Expungement Statute. The changes provide monumentally great news for those New Jersey petitioners who were previously barred from receiving an expungement in New Jersey pursuant to the old statute. The most significant change is the eligibility for expungement of drug offenses that were previously barred. Third and Fourth degree drug distribution convictions for drugs other than marijuana are now eligible for expungement. Previously, a Third degree drug possession with intent to distribute or distribution conviction was non-expungeable regardless of the length of time that had passed since the conviction.

Ten Years waiting period for Expungement of a New Jersey Felony -Relaxed

Another significant amendments to the New Jersey Expungement Statute (N.J.S.A. 2C: 52-2), is the relaxation of the waiting period for eligibility. Under the old Expungement Statute, a person with an eligible felony conviction would have to wait Ten (10) years from the expiration of their sentence before they could petition the court for an expungement. Now, the time period has been reduced to only five (5) years if a petitioner meets certain criteria.

I am excited about the opportunities the new statute provides for those who have previously suffered the stigma of a conviction that happened long ago. I have spoken to many clients who have had job opportunities foreclosed based on a New Jersey conviction that occurred many years ago but was ineligible for an expungement under the old New Jersey Statute. The changes have now opened the door of opportunity for a large number of past and present New Jersey residents.

Continue reading "Amended New Jersey Expungement Statute - Good News for Many New Jersey Residents" »

Who knew that an arrest or conviction from 10, 20 or even 30 years ago could impact your life today. Unfortunately, many people believe that the dismissal of their criminal charges, or the relatively minor nature of the charge itself would never be maintained in a criminal record data base let alone be accessible to a potential employer. My guess is that most people do not even think to expunge their criminal record in New Jersey until an employer or potential employer informs them that their criminal record is a problem.

In today's economic climate, more and more people are switching jobs or adding a second job to supplement their income. Criminal background checks, once only reserved for those working in law enforcement or needing security clearance, are now common place. Employers, School admissions personnel as well as professional licensing boards often require criminal background checks as a prerequisite to employment or admission. Absent a criminal expungement, your arrest or conviction will "show up" on your record potentially costing you a job or a professional license.

An expungement is the technical term for clearing or concealing your criminal record. In fact, once an expungement has been ordered by a New Jersey Superior Court Judge, then you are legally authorized to answer "no" on most applications that ask if you have ever been arrested or convicted of a crime.

The first step in expunging your New Jersey criminal record is to determine whether or not your conviction is eligible for expungement in New Jersey. An arrest for any crime may be expunged, however, some convictions for crimes are not expungeable while others require a waiting period before the petition for expungement may be filed.

Continue reading "New Jersey Expungement of Criminal Record - Time is of the Essence" »