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

What you need to include in Petition for Expungement

What you need to include in Petition for Expungement   
1.  Fill in your name, address, telephone number, your State Bureau of Identification (SBI) number, if available, and date of birth, at the top left-hand corner of the form. Your SBI number, if you have one, may be found in a number of places including on your judgment of conviction, your criminal/juvenile history record (“rap sheet”), or your summons/warrant complaint. 
2.  At the top right-hand corner, fill in the name of the county in which you will be filing the Petition for Expungement
3.  Do not fill in “Expungement Docket Number.” Leave this space blank. This number is assigned by Criminal Division staff. 
4.  In the box where it states “In the Matter of the Expungement of the Criminal/Juvenile Records of _______,” print your full name. 
5.  Where it states, “I, _______,” fill in your full name. 
6.  Where it states “residing at,” fill in your current address.
7.  In paragraph 1, fill in the date you were arrested/taken into custody. Include any arrests that may have occurred when you were a juvenile, whether they were sealed or unsealed.
Fill in the name of the offense you were charged with, the New Jersey statute under which you were arrested, the town (municipality) where you were arrested, and the original indictment, accusation, summons, warrant, complaint, or docket number(s). Include FJ and FO docket number(s) in Family Part matters. 
You will need to do this for every offense. You must list all offenses. You should use the addendum page to list other offenses. 
8.  Choose all that apply to complete the arrest information in paragraph 1. 
1.  Fill in the date on which the charge was dismissed, the name of the charge that was dismissed, and the name of the court that dismissed the charge. Check “Yes” or “No” to whether the dismissal was a result of a plea bargain. 
2.  Fill in the date on which the charge was acquitted, the name of the charge that was acquitted, and the name of the court that acquitted the charge. 
3.  Fill in the date on which the charge was dismissed, the name of the charge that was dismissed, and the name of the court that dismissed the charge after conditional discharge, conditional dismissal, Pretrial Intervention Program (PTI), Veterans Diversion Program, Juvenile Conference Committee, Intake Service Conference, deferred disposition, or was successfully completed.
4.  Fill in the date you pled guilty or were found guilty, or were adjudicated delinquent, the name of the offense to which you pled guilty or were found guilty, or were adjudicated delinquent, and the law under which you pled guilty or were found guilty, or were adjudicated delinquent (example, N.J.S.A. 2C:33-4 (harassment)). Remember, this is the law under which you pled or were found guilty, or adjudicated delinquent, not the law under which you were arrested or taken into custody. 
Fill in the final sentence or disposition. For example, the sentence/disposition could have been jail/prison/incarceration time, a fine or probation, or a combination of these. Also fill in the Court name where you were sentenced, the date that you were released from jail/prison/incarceration, the date that probation or parole was completed, and the date the fine(s) was paid. 

e. If you owe money for restitution, fine(s), or other court-ordered financial assessment(s), fill in the total amount still owed. You should contact the appropriate Probation Division Office(s) for the total still owed. Please see the list of Probation Division Offices at the end of this packet. If you do not owe any money, leave this blank. If your case was a municipal court matter, you should contact the appropriate municipal court(s) for the total amount still owed. For a full listing of Municipal Courts please visit njcourts.gov
Note: All of your arrests, charges, or prosecutions, even those for which you are not seeking an expungement, must be listed in your petition. 
9.  Use Form A – Addendum Page to list any additional arrests, charges, or prosecutions. Make photocopies or print extra copies of this page as needed. Use one addendum page for each arrest. Number each paragraph in the space provided, starting with “2”. 
10.On Form A - Continued select the first checkbox only if you are seeking an expungement after four years pursuant to N.J.S.A. 2C:52-2(a)(2), or after three years pursuant to N.J.S.A. 2C:52-3(b)(2), but less than five years have passed since your most recent conviction, payment of court-ordered financial assessment, satisfactory completion of probation or parole, or release from incarceration, whichever is later, and you have not otherwise been convicted of a crime, disorderly persons offense, or petty disorderly persons offense since the most recent conviction. Explain the compelling circumstances for this request. 
Select the second checkbox only if you are seeking an expungement pursuant to N.J.S.A. 2C:52-2(c)(3) of
a third or fourth degree controlled dangerous substance crime. Explain the compelling circumstances for this request. 
11.On Form A - Continued sign and print your name following the paragraph, on the lines that state “your signature” and “your name printed.” 
12. You must sign the Verification page in the presence of a Notary Public because this page must have a notary seal. 
13.On the first line of the Verification page, fill in your full name. 
14.In paragraph 3 of the Verification page, select the checkbox if you are seeking expungement of a conviction/adjudication of an indictable offense (1st through 4th degree). This statement tells the court that you have never been granted expungement, sealing, or other relief regarding a criminal conviction or adjudication of delinquency. 
15. In paragraph 3 of the Verification page, select the checkbox onlyif you had a legal name change. Explain your name change, including your prior legal name, and the date of the court order for the name change. You must also attach the court order for your name change. However, if your name change was requested and ordered at the time of your divorce, you do not need to attach the divorce order. 
16. In the presence of a Notary sign and print your name on the lines that indicate “your signature before a Notary” and “your name printed.” 
The Petitionmust be signed at the end of Form A – Continued and at the bottom of the Verification page. 
You must sign this Verification page in the presence of a Notary who will then affix their seal to this page. 
(your name)
(your address)
(city, state, zip code)
(your telephone number)
(State Bureau of Identification (SBI) number, if available) 
Source 

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