Law Offices of Chris Hoffner

What is an expungement?

According to New Jersey law, expungement "shall mean the extraction and isolation of all records on file within any court, detention or correctional facility, law enforcement or criminal justice agency concerning a person's detention, apprehension, arrest, detention, trial or disposition of an offense within the criminal justice system.

Who's eligible?

For Indictable Convictions - (Superior Court matters) - Generally 10 years, but only 5 years if the requirements of the 2010 changes to the Expungement law are met.

For Disorderly Persons/Disordelry Persons Convictions - 5 years.

For Municipal Ordinance Convictions - 2 years.

For PTI/Conditional Discharge - 6 months from completion/dismissal.

For Dismissals - no waiting period. Eligible when dismissed.

Can I truthfully state that I have not been arrested/convicted once I have an expungement completed?

Yes, you can truthfully answer that you have never been arrested/convicted after your expungement is complete. The Order that the Judge signs to officially grant your expungement states: "that the arrests, charges, and convictions which are the subject of this Order shall be deemed not to have occurred and the Petitioner may answer accordingly any questions relating to its occurrence."

DID YOU KNOW?

In January 2010 the law on Expungements changed?  crimes that were not eligibile for expungement for ten years are now expungement eligible in just 5!

 Call us now to find out more!

 856 833 9600

Expungement is a process where your prior criminal record can be ERASED!

Certain crimes can never be expunged... 

- Homicide; Kidnapping; Luring or Enticing; Aggravated Sexual Assault; Aggravated Criminal Sexual Contact- if the victim is a minor; Criminal Sexual Contact- if the victim is a minor and the offender is not the parent of the victim;  Criminal Restraint; False Imprisonment; Robbery; Arson and Related Offenses; Endangering the welfare of a child by engaging in sexual conduct which would impair or debauch the morals of the child; Endangering the welfare of a child; Perjury; False Swearing.

I completed PTI are my charges automatically be expunged?

No. Attorneys and/or Judges in the criminal Courts often advise defendants that the charges they are pleading guilty to are eligible for, will be, or can be expunged.  There is no automatic expungement in New Jersey. Whether the charges were just dismissed, you participated in PTI, even if you were acquitted at trial, there is typically an arrest and/or other type of record that exists. If unsure, the best way to check whether a record still exists is to check your record with the New Jersey State Police or it can be done as the first step in the expungement process.

I have juvenile convictions, those don't count, right?

Wrong.  Juvenile adjudications are not "erased" when you turn 18 and they will show up if and when someone looks up your record.  Expungement of the arrest and convictions needs to be applied for to have the record erased.

 There are certain time limits and a strict form and application process for applying, but with a skilled attorney, you can get your record expunged.

Call us now to see if you are eligible!

 856 833 9600