Indictable Offense Expungement

How to Expunge a Criminal Felony Record in NJ?

Expungements are one of the most useful yet underutilized tools offered under New Jersey’s Criminal Code. Pursuant to N.J.S.A. 2C:52-2, individuals who have been convicted of certain crimes or disorderly persons offense may be eligible for an expungement of their records under certain conditions. Chief among these conditions is the waiting period requirement. Essentially, if you stay conviction-free over a period of time, you can file a motion with the court that, if granted, would order law enforcement agencies to remove your records from public view. For students applying to school, young adults applying for jobs or your professionals applying for housing, a criminal record can have a devastating impact. Employers may reject your application, schools may deny admission and landlords may reject rental applications. If you would like to have your records expunged in Burlington County NJ, contact an experienced expungement lawyer today.

Filing for an expungement is not a quick process. It could take months before the Court rules on your motion and then even longer before your records are completely expunged. In the event that you attempt to file for an expungement on your own, any deficiencies or errors could result in a rejection of your application and the requirement that you restart the entire process, potentially wasting months of time. The New Jersey Expungement Attorneys at Proetta, Oliver & Fay have successfully filed for thousands of expungements on behalf of our clients. If you are looking to expungement charges for simple assault, marijuana possession, harassment, disorderly conduct, theft or possession of prescription drugs, contact our office at (609) 850-8284. We will gladly consult with you regarding your eligibility status and how the process work. If you have any questions, please do not hesitate to contact our office.

Am I Eligible to Expungement Felony Crime in Burlington County NJ?

As mentioned previously, New Jersey’s indictable offense expungement laws can be found under N.J.S.A. 2C:52-2. Under this law, individuals can find guidance on whether they can have their indictable offense (i.e. felony) expunged. Specifically, N.J.S.A. 2C:52-2 states that:

“In all cases, except as herein provided, wherein a person has been convicted of a crime under the laws of this State and who has not been convicted of any prior or subsequent crime, whether within this State or any other jurisdiction, and has not been adjudged a disorderly person or petty disorderly person on more than three occasions may, after the expiration of a period of 5 years from the date of his conviction, payment of fine, satisfactory completion of probation or parole, or release from incarceration, whichever is later, present a duly verified petition as provided in section 2C:52-7 to the Superior Court in the county in which the conviction was entered praying that such conviction and all records and information pertaining thereto be expunged.”

Do I Have to Wait 5 Years to File an Expungement for a Felony in NJ?

Technically, no. If you satisfy the requirements under N.J.S.A. 2C:52-2a, you can apply for an Early Pathway Expungement. These expungements require that you wait at least 5 years since your conviction. Additionally, you must satisfy other requirements before the court will grant this expungement. For more information in this type of expungement, please speak with one of our attorneys.

Are There Crimes that Cannot Be Expunged in New Jersey?

Yes. Under New Jersey law, certain offenses are non-expungeable. This list includes the following:

Expungement of Drug Distribution Charge in NJ

As mentioned above, distribution or possession with intent to distribute convictions cannot be expunged, generally. However, you can file a motion for an expungement if:

1. The Controlled Dangerous Substance was marijuana and the amount of drugs involved did not exceed one (1) ounce;
2. The Controlled Dangerous Substance was hashish and the amount of drugs involved did not exceed 5 grams; or
3. The offense was a third or fourth degree crime AND the Court finds that an expungement would be in the public interest.

Expungement Attorneys in Mount Holly NJ

If you have a criminal record from a past mistake that you would like removed and expunged, you must file a motion for expungement with the county superior court where the offense occurred. For an immediate consultation with a Burlington County Expungement Lawyer, contact the law firm Proetta, Oliver & Fay. Our team of expungement attorneys can assist you in filing for an expungement of you disorderly persons offense, indictable offense, ordinance violation, pretrial intervention program, conditional discharge or conditional dismissal. We represent clients throughout Burlington County, including Evesham, Mount Laurel, Mount Holly, Southampton, Cinnaminson, Pemberton, Westampton, Moorestown, Willingboro, Chesterfield and Burlington. The quicker you start the process, the quicker your records can be cleared. Call (609) 850-8284 today.