Newark, New Jersey, Expungement Lawyers
Having a criminal arrest or conviction on your record can have a severe impact on your job opportunities. We assist many of our clients in the expungement process, helping them get a clean record. Unfortunately, in some cases, the N.J. Expungement Statute stops the petition, by imposing either a temporary or a permanent objection to the expungement.
Statutory Waiting Periods
The N.J. Expungement Statute imposes a 'Waiting Period' once a conviction or other disposition has been entered against you. The length of the 'Waiting Period' depends on what crime or offense you were convicted of, and the sentence that was imposed. If you are unsure of when you are eligible to expunge your record, consult with an experienced criminal defense lawyer like those at Bailey & Orozco, to determine when you are able to file a petition with the Court for this type of relief.
Public Records v. Private Records
This is often a problem where the arrest or conviction record has become a part of a private database. The N.J. Expungement Statute only applies to the records maintained by public entities like the Police, the Prosecutor, the Courts, the Probation Dept. and the Jail. The granting of an Expungement Order by a Judge does not pertain to private company records, and they are not required by the law to remove the information from their database. If you have gotten an Expungement and a record check says that you still have a record with a private company, consult with us to determine what steps can be taken to try to convince the private company to remove your expunged record from their database.
Even if you are barred from getting an Expungement at this time, there are usually options that can be pursued to improve your chances of getting an expungement in the future. Call for a free consultation.
Statutory Bars to Expungement
If you have ever been arrested or convicted, your criminal record may not be eligible for this type of relief for a number of reasons, such as:
- You are trying to expunge an offense; and, prior to, or after the offense, you were placed into a Diversionary Program (Pre-Trial Intervention or Conditional Discharge) in regards to a different offense.
- You were convicted of more then one Crime; or, have more then a certain number of convictions for DP graded offenses (This varies depending on the application of certain Statutory factors).
- The disposition of the arrest was due to you being declared insane or because you had lacked the mental capacity to commit the crime charged.
- The conviction was related to you being a public office holder or employee.
Put Your Life Back on Track
With more than 35 years of legal experience, our lawyers have the experience and knowledge to help you determine whether you are presently barred from expunging your arrest or conviction, and if not, what options you may have, such as filing a post-conviction relief petition. Call us for a free case consultation.
Contact our Newark, New Jersey, law firm at 1.866.919.6193 to discuss your criminal record expungement options. Se habla español ▪ Nós falamos o português ▪ Si parla italiano
