ERASE/ EXPUNGEMENT
OF ARRESTS AND CONVICTIONS TO AVOID EMBARRASSMENT AND DISCLOSURE
by KENNETH A. VERCAMMEN, ESQ.
If someone has been arrested or even had a
private criminal complaint signed against them in the Municipal Court, they
have a criminal record, even if the charges were dismissed. This is an
excellent law to help non-violent offenders. Don’t be denied a job, credit or
barred from coaching based on an old criminal charge.
Under NJSA 2C:52-1 et seq. past criminal arrests and
convictions can be expunged/ erased under certain instances. We always
recommend individuals hire an attorney to obtain an expungement. The process
for all expungements are held in the Superior Court. It takes a minimum of
three months for the court to grant the expungement. The requirements are very formal. There can
be a waiting period between 6 months up to 10 years after the criminal cases is
finished. More info at http://www.njlaws.com/expungement.html
1. Obtain a certified
disposition from the Court
If the case was heard in Municipal Court, we recommend you
obtain a "certified disposition" of the court's decision, from the
Court itself. This is expedite the process. In Superior Court, obtain Order of
Dismissal or Order of Conviction. Court costs and Legal fees for expungement
range from $1,500- $2,500.
Thousands
of citizens over the past 30 years have been arrested for criminal, disorderly,
and municipal ordinance offenses. The
courts and police must keep a record of all arrests and convictions, even if 30
years old. Judgements of Conviction are
public records. These "secrets of the past" could be open to anyone
including credit agencies. Under one
proposal, for a $15.00 fee, someone could ask the state police for a person's
criminal record, even arrests with not guilty findings. Allowing access to a person's old criminal
conviction or arrest record could open the door for discrimination or job loss
against someone who now is a productive, respected, and law abiding citizen.
Many employers often do a criminal background check on new and promoted
employees.
Fortunately, if you are a law abiding citizen,
you can now have old arrests or most convictions erased from public records and
police folders. Under NJSA 2C:52-1 et seq. past criminal arrests and
convictions can be expunged/ erased under certain instances.
2. Waiting
periods
If you were convicted or pleaded guilty to a disorderly
person offense (misdemeanor type) more than 5 years ago, and have not been
convicted of anything since, you can have your attorney petition to the
Superior Court for an Expungement (Erase and removal) of your criminal
record. The waiting period starts from
the full payment of fines, completion of probation or other requirements,
whichever finishes latest.
If you plead guilty to a town ordinance (ex. - Seaside
Heights Drinking in Public) you can petition for an Expungement after waiting two
years. A Juvenile delinquent/guilty
finding for a minor can also be expunged/erased under similar
circumstances. In addition, minor drug
arrests which resulted in first offender conditional discharge can be erased
after 6 months has passed since termination of probation or conclusion of court
proceedings.
Most importantly, arrests on frivolous
complaints which did not result in a conviction or if charges were dismissed,
can be expunged, without waiting.
The waiting period on an indictable charge [guilty plea in
Superior Court] is 10 years. [There is a new hardship provision to apply for
expungement 5 years after probation is up. Speak with an experienced attorney]
The Chart below is
helpful:
Expungement
eligibility NJ
|
Type of Offense
|
Eligibility
|
Waiting Period
|
|
|
Indictable Offenses
2C:52-1
|
1 conviction, plus up to 2 Disorderly
Persons convictions
|
10/ years from date supervision completed [or 5 year eagle scout rule]
|
|
|
Disorderly Persons Offenses (includes
Petty DO Offenses)
2C:52-3
|
Up to 2 offenses, provided no criminal
convictions
|
5 years from court date & fines paid [or 3 year eagle scout rule]
|
|
|
Municipal Ordinance Violations
2c:52-4
ex: Seaside Park fighting etc
|
No limit, provided no crminal record
and no more than 2 Disorderly Persons convictions
|
2 years from court date & fines paid
|
|
|
Juvenile Delinquency Offenses
2C:52-4.1
|
All records, except those that are of
the 17 ineligible offenses committed by an adult
|
5 years from date supervision completed
|
|
|
Young Drug Offender Records
2C:52-5
|
No limit if for possession or use of
CDS
|
1 year from date supervision completed
|
|
|
Arrests - No Conviction, charge
dismissed 2C:52-6
|
No Limit
|
No waiting period
|
|
For PTI, Conditional Discharge or
Conditional Dismissal - 6 months from completion of program 2C:52-6 (c)
More info at http://criminal-law.freeadvice.com
And
http://www.njlaws.com/expungement.html
3. Common criminal offenses
to get expunged
The following criminal offenses are some of the typical
offenses individuals can
petition for expungement:
Alcohol Underage 2C:33-15
Arson 2C:17-1
Assault 2C:12-1
Bad Check 2C:21-5
Burglary 2C:18-2
Conspiracy 2C:5-2
Criminal Mischief 2C:17-3
Criminal Trespass 2C:18-3
Disorderly Conduct 2C:33-2
Drug Paraphernalia 2C:36-1
False / Fraud Instrument 2C:21-3
Harassment 2C:33-4
Hindering Apprehension 2C:29-3
Lewdness / Criminal Contact 2C:14-4
Obstructing Admin. of Law 2C:29-1
Possession Drugs 2C:35-10
Prohibited Weapons 2C:39-3
Prostitution 2C:34-1
Receiving Stolen Property 2C:20-7
Resisting Arrest 2C:29-2
Shoplifting 2C:20-11
Stalking 2C:12-10
Terroristic Threats 2C:12-3
Theft by Deception 2C:20-4
Theft of Services 2C:20-8
Theft Unlawful Taking 2C:20-3
Wandering 2C:33-2.1
Weapon Unlawful Purpose 2C:39-4
4. Convictions which never can be
expunged:
1 Criminal Homicide (Except Death by Auto);
2 Kidnapping;
3 Luring or Enticing;
4 Aggravated Sexual Assault;
5 Aggravated Criminal Sexual Contact;
6 Criminal Sexual Contact (if victim is a minor);
7 Criminal Restraint;
8 Robbery ;
9 Endangering the Welfare of a Child (if based on sexual contact);
10
Perjury;
11
False Swearing or perjury;
12
Human Trafficking;
13
Causing or Permitting a Child to Engage in
a Prohibited Sexual Act;
14
Selling or Manufacturing Child
Pornography;
15
Knowingly Promoting the Prostitution of
the Actor's Child;
16
Terrorism; and
17
Producing or Possessing Chemical
Weapons, Biological Agents or Nuclear or Radiological Devices.
18
Trafific violations, DWI, etc
5. WHAT NEEDS TO BE DONE FOR THE EXPUNGEMENT PETITION
You should contact
an attorney experienced with handling expungements. The Expungement Petition is filed in the
county where the offense took place, not where the defendant lives. The
petition is filed not in the Municipal Court but in the Superior Court. Once
filed, the Superior Court will set a hearing within 35-60 days. Your attorney
will prepare an Expungement Petition which under state law must contain
substantial background information, including:
a. Date of Birth and
Social Security #
b. Date of Arrest
c. Statute Arrested
For and Statute Convicted
d. Original
Indictment, Summons, or Complaint Number
e. Petitioner's Date
of Conviction or Date of Disposition
f. Court's
Disposition of the Matter and Punishment Adopted, if Any
In addition, the Expungement Petition must have an affidavit
that states that there are no charges pending and that the petitioner never
previously received a prior expungement.
As required under the
statute, the attorney for the applicant must serve a copy of the Petition Order
for hearing and supporting documents on the following people: 1.)
Superintendent of State Police
2.) Attorney General 3.)
County Prosecutor of the county where the court is located 4.)
The Chief of Police where the event took place 5.)
The chief law enforcement officer of any other law enforcement agency
which participated in the arrest 6.) The warden of any institution where the
petitioner was confined 7.) the
Municipal Court if the disposition was made by a municipal court, 8 County
Sheriff if they took fingerprints.
If you satisfy all other statutory
requirements and there is no objection by the entities notified, the court will
usually grant an order directing the Clerk of the Court and all relevant
criminal justice and law enforcement agencies to expunge (remove) records of
said disposition including evidence of arrest, detention, conviction, and
proceedings.
There are additional pleadings which the
applicant's attorney must prepare and file.
If you have an old offense, it is important that you have the arrest
expunged to keep your name and record clean. All criminal charges, even if
dismissed, stay on your record forever, unless the expungement order is granted
by a Superior Court Judge.
6. Expungement Services to Apply to Remove/Erase
Criminal Arrests and Convictions/ Retainer for Legal Services
Fee $1,900 if traditional expungement
If Eagle
Scout expungement where time period shorter, fees additional
Credit card or
Check payable to Vercammen PC.
[Fee is less
if we handled case previously]
Also you need to provide a separate
check or money order for court fees:
-Check for $75.00 payable, Treasurer, State of NJ
-Check payable Postmaster Edison $70.00 for certified
mail
These fees cannot be paid by credit card.
7. What the
Attorney will do:
-Telephone
consultation with client;
-Office
consultation with client if requested;
-Opening of
file and client may have free client case folder, Municipal Court brochure, MVC
Points brochure, and Website brochure;
-Review
documents supplied by client and court;
-Review of
necessary statutes and case law;
-Preparation
of VERIFIED PETITION FOR EXPUNGEMENT OF RECORD PURSUANT TO N.J.S.A. 2C:52-6(a)
-Preparation
of CERTIFICATION STATEMENT TO ACCOMPANY
PETITION
- Preparation of ORDER FOR HEARING FOR
EXPUNGEMENT PURSUANT to N.J.S.A. 2C:52-6(a)
- Preparation of proposed ORDER FOR
EXPUNGEMENT
Prepare
letter to Client with Petition, Statement to Accompany Petition of no pending
charges, Order for Hearing, Proposed Order for Expungement
Client signs Petition Statement to Accompany Petition of no pending charges
Attorney calls Superior Court and confirm address for Expungement Unit.
We Mail to
Superior Court Expungement Unit-
Orig. and
one Petition
Statement to
Accompany Petition
Order for
Hearing
Proposed Order for
Expungement
2
self-addressed stamped envelopes
Follow up
Court Order for hearing (takes approx 30 days)
Upon receipt of signed Order for
hearing, Prepare Certified Mail Green cards for documents to be served on
law enforcement and court. -
-Preparation
of letter with Order for hearing and proposed Order for Expungement to NJ
Attorney General
Department of Law & Public Safety
Expungement Section- PO Box 080
Trenton, NJ 08625
- Preparation of letter with Order for
hearing and proposed Order for Expungement to NJ Superintendent of State Police
Expungement Unit
River Road, PO Box 7068
West Trenton, NJ 08628
- Preparation of letter with Order for
hearing and proposed Order for Expungement to County Prosecutor;
- Preparation of letter with Order for
hearing and proposed Order for Expungement to Chief of Police;
- Preparation of letter to client with
Order for hearing and proposed Order
for Expungement to Municipal Court Administrator;
When all the green cert. mail cards
come in we put date mailed to Law Enforcement. on form 6 (Cert.) and mail to
Court . After receipt of all certified mail Green cards, Preparation of
CERTIFICATION OF SERVICE OF ORDER FOR HEARING
We make copies of cert. mail green
cards and letter before mailing out original green cards to court.
Misc phone calls to and from client
-Call Superior Court Expungement Unit to confirm they received green
cards and no need to appear on hearing date if no objection.
If
Expungement granted and receipt of signed Order for Expungement,
Preparation of letter with signed Order
for Expungement to:
-NJ Attorney General by regular mail
Department of Law & Public Safety
- Preparation of letter with signed
Order for Expungement to
NJ
Superintendent of State Police
- Preparation of letter with signed
Order for Expungement to County Prosecutor;
- Preparation of letter with signed
Order for Expungement to Chief of Police;
- Preparation of letter with signed
Order for Expungement to Municipal Court Administrator; and any other public
entity requested by the court. Please note a Judicial Expungement granted by
the Superior Court Judge does not change databases set up by private entities
or credit agencies.
Preparation of End of Case Letter to client with original signed Order
for Expungement and client questionnaire.
Please
note we do not open a file and do not handle the case until all fees are paid
in full up front.
Any other work not listed above will require additional
fees or costs.
The client must
provide disposition or copies of complaint for all prior Municipal court criminal
charges, even criminal charges you were not arrested or fingerprinted. This is
required by the Superior Court. All charges since you were 18 years old must be
listed.
8. Obtaining a
criminal History
You may want to order a criminal history CCH on yourself
when the expungement is started if you are not 100% sure of your prior charges
in NJ and the USA. The fee to obtain your criminal history is less than $75.
For a Criminal History Contact www.bioapplicant.com/nj or
call Morpho Trak at 1-877-503-5981. The law office cannot obtain a criminal
history. Our Private investigator can do obtain a criminal history for you for
an extra $900.
If the expungement is granted we recommend to all
clients to send a follow up letter and copy of Order for Expungement by
Certified Mail to all above Courts and Law Enforcement so they have a copy for
their records. The Law Office can handle this for additional fee of $250. You
should also serve a copy on the credit reporting agencies.
If the Court grants the expungement petition, the NJ
police departments and NJ courts will be required to remove information from
their records. The Court order does not pertain to online private companies or
websites, which may contain old information. The Federal Government and
immigration still has access to expunged /erased records.
If there are objections to the Expungement Petition by
the Prosecutor or other entities and a hearing is required, additional fees
will apply. They fee you paid does not include appeals if the court denies your
petition.
9 To Start the process- Interview Form
Please fill out blank lines on your computer or by hand and email or
return to office to start Expungement, and provide check or credit card info.
You need to provide us with the Certified disposition if your prior offense was
in Municipal Court. The Certified disposition should be provided to the
Superior Court. To obtain the certified disposition, simply contact the
Municipal Court. They will charge a fee of approx $10.00.
If you are unable or unwilling to
do this, our fee to drive to the court to obtain the Certified disposition is
an additional $300.
If your prior charge was in Superior Court, provide the Order of
Dismissal if dismissed, or Judgment of Conviction JOC if a guilty plea.
If PTI Pre-trial intervention, provide copy of Order of Dismissal.
The court-filing fee is requires a separate check. $75.00 payable, Treasurer, State of NJ
Check payable Postmaster Edison $70.00 for certified mail
1.
Petitioner's name is _____________.
any other name used___________________.
Current address ___________________________________
CITY
_____________________________ STATE _______ ZIP __________
CELL-PHONE
___________________________________ (Area
Code Needed)
OTHER
PHONE-DAY __________________________
E-MAIL
ADDRESS ______________________________________________
REFERRED
BY: _______________________________________________
2. Petitioner's date of birth is _______, Social
Security Number is ________
3. Petitioner was charged on
________________ for violation of the following:
N.J.S.A. 2C: ______________
type of
offense _________________
Town ___________________
Summons/ Warrant/ Complaint #
____________________
[Leave out
traffic tickets ex 39:4-49.1. Traffic
tickets cannot be expunged]
The original
complaint number was ___________
4. This matter was in ___________ County
.
5. This matter
was heard in the ______________
Municipal Court on __________
6. On ______,
I plead guilty of the following offense: ________________________.
I was fined
_____, costs of ______ and ______.
Or
on
________________, charges were dismissed
7. The following are all other charges against me since I was 18 year
old, even if the charge was dismissed:
[IF NONE, WRITE NONE]
Petitioner
was charged on ________________ for violation of the
following:
N.J.S.A. 2C: ______________
type of
offense _________________
Summons/
Warrant/ Complaint #
____________________
Other prior
offenses:
This matter
was in ___________ County , town
______________
Disposition/
result ___________________________________
[If none,
write none]
The client must provide a written disposition to the
court for all prior criminal charges, even criminal charges you were not
arrested or fingerprinted. This is required by the Superior Court. All charges
since you were 18 years old. The Law Office can obtain the a Certified Disposition
for Municipal Court cases, or a Judgment of Conviction for Superior Court
charges at a fee of $400 per court. It is usually more cost effective for the
client to obtain the court records themselves.
Email interview form back to Vercammenlaw@njlaws.com
Details on expungement at http://www.njlaws.com/expungement.html
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