Everyone makes mistakes, but when your mistakes end up on a criminal record that anyone can see, it can permanently and drastically affect your life. When you’ve paid your debt and you’ve demonstrated a crime-free life since your earlier conviction, having your record expunged can give you a fresh start. That is important because even though you’ve straightened out your life and are now a law-abiding, productive citizen in NJ, anyone can access your prior criminal record, including individuals, employers, insurance companies, lenders, educational institutions, and the public.
As you may have experienced already, a criminal conviction, whether it’s for a felony like illegal handgun possession or a minor offense like shoplifting, can impact job opportunities, exclude you from the benefits of education, disqualify you from purchasing or renting a home in New Jersey, prevent you from obtaining certain professional licenses, and exclude you from obtaining a gun permit. Even when you were found not guilty or your charges were dismissed, your NJ arrest record is still accessible.
NJ expungement lawyer Adam M. Lustberg understands the law in NJ and may be able to help you expunge your criminal history under New Jersey law.
Contact our law office today at (201) 880-5311 to schedule a free consultation with a top-rated NJ criminal defense attorney and explore your options for expunging a criminal arrest or conviction from your record.
Under certain conditions in NJ, you can have your criminal record wiped clean so that only law enforcement and prosecutorial agencies will have access to it. The unique circumstances of your criminal history must be reviewed to determine whether you may qualify for a record expungement in NJ.
Certain criminal cases immediately qualify for an expungement, including arrests that didn’t result in a conviction, certain special probation programs such as drug court, and completed court-ordered rehabilitation.
If you were convicted of a summary offense but have had no additional criminal offenses or arrests during a specified period, you may qualify for a record expungement. Additionally, many juvenile convictions and criminal records in NJ may qualify for an expungement.
For indictable convictions, the time since a sentence and probation period were completed before an expungement application can be considered varies from two to ten years.
New Jersey expungement attorney Adam M. Lustberg has a lot of experience dealing with the expungement law in New Jersey as well as disorderly persons convictions and other crimes that can be expunged. If you would like to hide your criminal record from potential employers and other government agencies, having it expunged may be the best option for you.
To schedule a consultation with a New Jersey expungement lawyer and discuss your case as well as expungements under New Jersey Law, call Lustberg Law Offices today.
When a criminal record is expunged, it means that your criminal record is sealed and neither the public nor any company, educational institution, or agency will have access to those records except for the district attorney’s office or any other law enforcement agency should you commit a new crime.
The following is a list of criminal offenses that do not qualify for an expungement in New Jersey:
There are waiting periods before your criminal record can be cleared. The length of the waiting period depends on the crime committed. If you were sentenced to probation, community service, classes, or courses and were fined, these conditions must have been completed. Also, a certain amount of time must have passed since you were convicted, which could be anywhere from a few months to many years.
If you were arrested but not convicted of a crime in Hackensack, Paramus, Newark, Bloomfield, Millburn, Rochelle Park, Elmwood Park, or anywhere else in New Jersey, you may qualify to have that record immediately expunged.
Contact our law office today at (201) 880-5311 to speak with our skilled expungement attorneys regarding having your criminal records expunged.
N.J.S.A. 2C:52–27, entitled “Effects of Expungement”, states that an arrest or conviction will be deemed not to have occurred after an expungement. This means that if a person is asked about the offense they previously made during an employment interview or any other application, they will be allowed to say “no” to all questions about the incident. The employers will also not be able to see the expunged criminal records.
However, there are some rare exceptions to this rule. These exceptions are the following:
If a person is applying for employment, their expunged information will not need to be disclosed. Disclosure of an expunged record is not required for teachers, nurses, doctors, accountants, and other types of jobs.
To begin the New Jersey expungement process, you will need to get a copy(s) of your criminal records. If your charges are at the felony or municipal levels, this would be your Judgment of Conviction. After your expungement petition is drafted, sign it in front of an attorney and send it back to your criminal lawyer.
Serving the expungement petition is the next step of the New Jersey expungement procedure. Your lawyers will receive a copy of the expungement petition from the court. Then, the attorneys will send a certified copy to the appropriate governmental agencies by return receipt.
Once your petition for expungement has been submitted to the court, the judge who will be hearing your case will set a date. The judge will decide whether or not to grant your expungement. If the New Jersey State Police or the County Prosecutor require additional time to review and retrieve your file, the hearing may be extended.
If the judge approves your request for expungement, then the court will mail you a copy of the order. The lawyers will send a copy to all government agencies involved after we have received the order and direct them to remove the record. The lawyers will then be notified by the State Police that your record has been removed from any databases.
The skilled New Jersey lawyers at Lustberg Law Offices work hard to help those who have been charged with criminal offenses get their records expunged and start a new, rehabilitated life. Our law firm offers legal services that may be able to help you if you are seeking to have your records expunged.
Contact our law office today at (201) 880-5311 to schedule a consultation with a top-rated NJ criminal attorney regarding having your criminal records expunged.
We have years of experience in courts through NJ and NY and a proven track record of success in criminal cases.
The fees for hiring an NJ attorney to expunge a criminal record can vary considerably based on various factors, including the location of the crime, the number of crimes committed, and their severity. If you have a lengthy criminal history or were convicted of a serious offense, your case may require more work and experience.
The cost of hiring a defense attorney could range from a few hundred dollars to as much as $10,000 or more, and several factors may influence the total cost. These factors may consist of the filing fees, whether the NJ criminal attorney utilizes an hourly or flat fee structure, whether there is a limit to the number of hours that the attorney will bill, and whether the criminal record will be fully expunged or sealed.
It’s essential to consider these factors when hiring an attorney in NJ for expungement to avoid any surprises when it comes to the cost. Knowing the cost upfront and understanding how the lawyer calculates their fees can help you budget and make an informed decision.
At Lustberg Law Offices, our team of New Jersey expungement lawyers may be able to help you increase your chances of having your expungement request granted and avoid costly mistakes in the application process. Call our NJ law office today to schedule a consultation regarding your expungement needs.
On December 2019, New Jersey law authorized the establishment of an e-filing system for New Jersey expungements. The state intends to simplify and broaden access to New Jersey’s expungement process by providing this option.
The e-filing system prompts users to enter the information required on the applicable legal forms and then generates the necessary forms filled out with this information. Additionally, the system retrieves relevant information from New Jersey records by using any case numbers associated with the convictions that the user wishes to have expunged.
The system also allows users in NJ who wish to have their offenses expunged to input any additional information regarding the relevant convictions that the system may have missed or not had access to, such as out-of-state convictions. Once the user enters all of their information and the forms have been generated, the system will file the forms with the NJ court with the user’s consent.
Furthermore, the system will electronically distribute copies of the filed paperwork to relevant government entities in NJ. These entities will receive copies because they will be responsible for destroying records relating to the relevant convictions if the NJ expungement petition is granted. Finally, the electronic system will generate a hearing date, and if the petition is granted, the system will distribute copies of the signed order to the relevant government entities.
It is important to remember that the e-filing system in NJ is only a convenient tool and is dependent on the information provided. One significant challenge with the e-filing system is that it will not determine one’s eligibility for expungement, nor will it prevent an ineligible user from filing a petition and triggering a hearing date. If this occurs, the prosecutor or the court in NJ will most likely recognize the person’s ineligibility and the petition will be denied, resulting in the person wasting both time and money.
Equally important, users in NJ must account for the possibility of their petitions being challenged in court, requiring them to convince the judge to grant their petitions.
If you or a loved one is looking to have your NJ criminal record expunged, it is important to speak with a lawyer who is skilled in dealing with the criminal courts in NJ. Having your records expunged can help you have a fresh start.
Speak to the top-rated New Jersey expungement attorneys at Lustberg Law Offices today to schedule a free consultation regarding expungement law.
While you can file a New Jersey expungement petition yourself, if you’re not experienced in handling this process and navigating the law in New Jersey, it can be confusing. There are many technical details and requirements that must be met to give you the best chance to have your application approved.
If you handle the expungement petition yourself and it is denied, you will have to start all over. Also, the process becomes even more complicated if it is opposed by the prosecutor’s office or by law enforcement. Because the approval of expungements for criminal records petitions usually takes several months, you’ll have lost that time and the chance to move forward in your life with a clean record will be further delayed.
When your criminal record has been holding you back from employment, licensing, education, housing, and other opportunities, criminal attorney Adam M. Lustberg can handle the expungement petition process efficiently and most effectively. He will help you clear your record and more productively get on with your life.
During a free consultation and case evaluation, Bergen County criminal lawyer Adam M. Lustberg will advise you about whether you qualify for an expungement in New Jersey. If he determines you are expungement eligible, the expungement process to clear your name may take a few months. So, the sooner you start the process, the faster you can move on with your life.
Call (201) 880-5311 or email Adam M. Lustberg today to meet with him in his law office and receive your free expungement case evaluation.