Kenneth Vercammen is a Middlesex County trial attorney who has published 130 articles in national and New Jersey publications on Criminal Law and litigation topics. Appointments can be scheduled at 732-572-0500. He is author of the ABA's book "Criminal Law Forms".
2053 Woodbridge Avenue - Edison, NJ 08817
http://www.njlaws.com/

Wednesday, July 29, 2020

To do with your attorney before sending Expungement paperwork to the court 
STEP 1: Request State Police Criminal History Record – Fingerprint Check (This step is only necessary if you do not already have your criminal/juvenile history information about your arrests, charges and dispositions) 
In order to obtain your criminal/juvenile history record (also known as a rap sheet) from the New Jersey State Police you will need to be fingerprinted. The State Police use the electronic fingerprint scanning services of a private company, IDEMIA USA. You will need to contact IDEMIA USA to schedule an appointment for fingerprinting. You can obtain additional information and schedule an appointment via the internet at www.bioapplicant.com/nj, or by calling their toll free telephone: 1-877-503-5981. 
Additional information about obtaining criminal/juvenile history record checks can also be obtained from the New Jersey State Police website https://www.state.nj.us/lps/njsp/or by calling their Criminal Information Unit at 609-882-2000
ext. 2918. 
Note: The State Police will have a criminal/juvenile history only if you were fingerprinted when you were arrested. If you were not fingerprinted, and only a complaint was signed against you when you were arrested, you will still have a record with the police department and the court, but you will not have a record sheet within the Division of State Police, State Bureau of Investigation. 
STEP 2: Complete the following forms:
 
ThePetition for Expungement states that you are requesting an Expungement Order and states why you qualify. Complete the Petition for Expungement Order by following the instructions for Form A. 
You must then file the petition in the county where you were arrested or prosecuted as an adult or taken into custody or adjudicated as a juvenile. If you were involved in multiple cases in more than one county, contact the Criminal Case Management Office in either county and ask whether they will allow you to file for expungement of your entire record in that county. 
However, if you are filing a petition for expungement solely on a conviction for a disorderly persons or a petty disorderly persons offense, you must file the petition in the county where the most recent disorderly persons or petty disorderly persons offense was adjudged. 
If you are filing a petition for expungement as a result of successful graduation from drug court that occurred prior to April 18, 2016 you must file in the county where you graduated. 
Next, you must complete the Verification page and sign it in the presence of a Notary Public because this page must bear a notary seal. 
Order for Hearing  TheOrder for Hearing is used by the judge to schedule a hearing. The Superior Court judge assigned to your case will usually schedule a hearing between 35 and 60 days after he or she gets your petition. Fill out the Order for Hearing by following the instructions for Form B. 

Source https://njcourts.gov/forms/10557_expunge_kit.pdf?c=d7J
More info at 

    To file an expungement petition, you must list every criminal and ordinance violation since you were age 16. Many people don't have their old records. If you don’t have all your old records, obtain a criminal history we often call CCH.

For every charge you must put down:
  Charged on [DATE]  ________________ 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 [DATE] ______, I plead guilty of the following offense: ________________________. 

I was fined _____, costs of ______ and ______. 

 Or

On ________________, charges were dismissed


    My fellow speaker Allan Marain listed how to get criminal history CCH on his great website

      You can obtain a copy of your FBI record. Every way will require that you be fingerprinted. Here are the two basic ways:
Make an appointment with an authorized FBI “channeler.” These channelers are private companies. 
 Numerous channelers exist, at locations throughout the United States. These channelers contract with the FBI to gather identifying information, collect the fingerprints, and submit the criminal history request to the FBI. They submit the request electronically. Their fee is in the neighborhood of $50.00. 

The criminal history comes back to you typically within a week or less. It is provided by email in a .pdf file.   This is probably the quickest way to obtain the record. One company is called 
Fieldprint, Inc.
www.fieldprintusa.com

(877) 614-4364

Note: When asked your reason for seeking arrest and conviction history, specify “For Personal Reasons”, not  “For Expungement”.
 
The second way is to submit your request to the FBI yourself, https://www.fbi.gov/services/cjis/identity-history-summary-checks
In order to do that, you will need for a law enforcement agency to fingerprint you on a fingerprint card acceptable to the FBI. Form FBI I-783 (Rev. 5-15-2013)
    You then submit that fingerprint card, together with a completed FBI criminal history application form to the FBI directly. https://www.fbi.gov/services/cjis/identity-history-summary-checks

An $18.00 fee must accompany the application. The payment must be by certified check, bank cashier's check, or money order. Personal checks, business checks, and cash are all unacceptable. Under “normal” circumstances, the FBI response time was formerly about six weeks.  A page on the FBI web site indicates that its response time can now be up to fourteen weeks.
The FBI offers three options for requesting your Identity History Summary or proof that one does not exist.

Option 1: Electronically Submit Your Request Directly to the FBI 

Step 1: Go to https://www.edo.cjis.gov.
Step 2: Follow the steps under the “Obtaining Your Identity History Summary” section. If you submit a request electronically directly to the FBI, you may visit a participating U.S. Post Office location to submit your fingerprints electronically as part of your request. You may go to any of the 80 participating U.S. Post Office locations nationwide upon completion of your request.  Additional fees may apply.
If you choose to use a U.S. Post Office location, you must complete your application and payment electronically prior to visiting a U.S. Post Office location to submit your fingerprints electronically as part of your request.
If you choose not to use a U.S. Post Office location to submit your fingerprints electronically, then you may still mail your completed fingerprint card, along with your confirmation email, to the address listed on your confirmation email.

List of FBI-Approved Channelers for Departmental Order Submissions
FBI-approved Channelers receive the fingerprint submission and relevant data, collect the associated fee(s), electronically forward the fingerprint submission with the necessary information to the CJIS Division for a national Identity History Summary check, and receive the electronic summary check result for dissemination to the individual. An FBI-approved Channeler simply helps expedite the delivery of Identity History Summary information on behalf of the FBI. 
Accurate Biometrics
www.accuratebiometrics.com

(773) 685-5699
Biometrics4All, Inc.
www.applicantservices.com
(714) 568-9888
Daon Trusted Identity Services, Inc.
www.daontis.com
(703) 797-2562
Fieldprint, Inc.
www.fieldprintusa.com
(877) 614-4364
Gemalto Cogent, Inc.
www.gemalto.com/govt
(626) 325-9600
Idemia Identity & Security USA LLC
www.idemia.com
(877) 783-4187
Inquiries Screening
www.inquiriesscreening.com
(877) 702-7107
National Background Check, Inc.
www.nationalbackgroundcheck.com
(877) 932-2435
National Credit Reporting
www.nbinformation.com
(800) 441-1661
STS SID LLC dba Sterling Identity
www.sterlingidentity.com
(844) 787-3431
Telos Identity Management Solutions, LLC
https://enroll.idvetting.com
(800) 714-3557
TRP Associates, LLC dba ID Solutions
www.trpassociates.net
(877) 885-1511
VetConnex
www.Vetconnex.com
(952)-595-5800
https://www.fbi.gov/services/cjis/identity-history-summary-checks/list-of-fbi-approved-channelers-for-departmental-order-submissions

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