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/

Tuesday, July 27, 2021

Expungement Portal Private Attorney User Guide

 

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Expungement Portal Private Attorney User Guide source

https://www.njcourts.gov/attorneys/assets/ecourts/eCourts_Expungement_System_Private_Attorney_User_Guide.pdf?c=faX

Private attorneys can initiate and submit a petition/proposed order for a regular, marijuana or clean slate expungement using a criminal, municipal, or family (FO or FJ docket) on behalf of the petitioner.

Process

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1. Sign in via the Enterprise Portal login screen using valid attorney ID and password, then click the “Login” button.

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2. The New Jersey Courts - Portal Home Page provides access to various systems in the form of tiles.

Click the tile labeled eCourts Expungement System” to open the expungement application.

Before the application opens, select the firm/office you wish to be associated with during the session, if applicable, and certify that the information is correct. Then, click “Confirm.”

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3. On the Expungement Home Page are two tiles: “In Progress Expungements” and “Initiate Expungement.” Click on In Progress Expungements” to access your workbasket.

Cases created by your office and not yet submitted have a “New”status, while cases submitted have a “Pending Prosecutor Review” status in the workbasket.

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4. To create a new expungement petition/proposed order, click on the “Initiate Expungement” tile on the Expungement Home Page.

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5. To start an expungement petition, enter one of the case identifiers below and click the “Search” button:

For a primary municipal case, select Court/Division as‘Municipal’ and enter a complaint number for the defendant in the provided fields. (see screen image)

For a primary family case, select Court/Division as ‘Family’ and enter a FO or FJ docket number for the defendant in the provided fields.

For a primary criminal case, select Court/Division as ‘Criminal’ and enter a PROMIS/Gavel (P/G) case number for the defendant in the provided fields.

To remove your result and start over, click the “Reset” button.

To proceed, click the “Initiate”button on the desired

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case/defendant in the Search results section.

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6. Next, select an Expungement Type from the drop-down menu (Marijuana, Regular, or CleanSlate) and click the “Confirm”button.

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7. The “Petition” screen is displayed. Defendant information displays at the top of every screen in the petition/proposed order creation process.

The Filer type defaults to Private Attorney, Expungement Type and Court/Division are pre-filled with information from the previous selections and the Filing county/court is pre-filled based on the case you initiated with, but you have the option to change the county, if needed.

The bottom of every screen in the petition/proposed order process has a section for Add documents. You can use this to upload up to 5 PDF documents which will be saved to the Expungement Case Jacket after the petition/proposed order is submitted.

Click “Next.”

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8. The “Retrieved Cases” screen isdisplayed. The petitioner’sCriminal, Municipal and/or Family cases are retrieved from relevant source systems and displayed on this screen. Click on the check box next to the case or a case section to select/deselect the case(s) for inclusion in the petition/proposed order.

Click on the twisty “v” to the left of the case to expand/collapse the case and view additional case information.

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9. Please review the “Disclaimer” section at the top of the Retrieved Cases screen indicating that the system may not include a petitioner’s full criminal history and that a petitioner may still need to acquire this information separately.

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10. Once you open a case, you will see navigation buttons located at the bottom of the screen.

Click on the “Cancel” button to cancel the petition and return to the Workbasket without saving changes.

Click on “Back” to navigate to the previous screen and “Next” to navigate to the following screen.

Be sure to click on the “Save” button to save any work done so far before exiting the petition or the application.

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11. If you save the petition/proposed order and return to it after 24 hours, an informational message will display that advises additional cases may have been added to the source systems since the petition/proposed order was created. Click on the “Refresh” icon to refresh the data from the source systems.

Then, click “Next” to proceed to the “Additional Cases” screen.

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12. On the Additional Casesscreen, you may add cases that were not systematically retrieved to the petition/proposed order.

To conduct a system search for a specific case, select Criminal, Municipal and/or Family from the “Court/Division” field dropdown.

Enter the required case information in the fields that display and click the “Search” button. Click “Add” to include the case in the petition/proposed order.

To remove an added case, click the “Remove” button.

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Click “Next” to continue to the “Case List” screen.

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13. The Case List screen displays the cases the petitioner selected on the Retrieved Cases screen as well as any cases added on Additional Cases screen.

For a clean slate expungement, all the cases will be selected by the system and you can deselect the cases that do not need to be included in the petition/proposed order.

For a regular expungement, all the cases will not be selected by the system and you can select the cases that need to be included in the proposed order.

All the cases listed are included in the Petition PDF document.

Only the cases selected via the check box are included in the Proposed Order PDF document.

Click the pencil icon on the right side of the screen to enter the Arrest date for any case(s) where it is missing. The system will not

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allow you to proceed if there is no Arrest date for a case. If the Arrest date is unavailable, enter the complaint issued date/offense date.

Click “Next” to proceed to the “Verification.”

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14. The Verification screen enables the user to certify and verify statements and provide supplemental information for some of the selected statements. The first statement in the Certification and Verification sections are mandatory.

The screen will capture certification that truthful information has been provided.

Verification will also be captured that there are no disorderly persons, petty disorderly person, indictable charges or juvenile delinquency matters currently pending against the defendant.

The petitioner may check off additional optional statements regarding:

• Previously granted sealing/expungement/relief in any state or federal court.
• Legal name change.
• More than three years but less than five years having

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elapsed since last conviction/incarceration/etc. • Inclusion of a third or fourth degree controlled dangerous substance crime in the expungement.

Click “Next” to proceed to the “Proposed Order” screen.

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15. The “Proposed Order” screenidentifies the parties who must be notified that the petition/proposed order has been filed. To add additional parties, click Other applicable party(ies) drop down or click +Add party.

Enter the details regarding the defendant’s Financial obligations/Restitution Details if this information is applicable and known at the time the petition/proposed order is submitted.

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16. Click on the “Preview Proposed Order” button on the “Proposed Order” screen to view the Proposed Order draft as a PDF document.

Ensure that all the relevant information from within the application is displaying properly on the Proposed Order.

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17. Click on the “Preview Petition” button on the “Proposed Order” screen to view the Petition draft as a PDF document.

Ensure that all the relevant information from within the application is displaying properly on the Petition.

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18. The last page of the Petition draft PDF contains the Verification information.

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19. Click on the “Submit” buttonon the Proposed Order” screen and select “Confirm” to submit the Proposed Order to the County Prosecutor for review.

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20. After submission, a success message is displayed that confirms your submission was processed.

A unique expungement case number is generated by the system and displayed in the success message.

The petitioner is sent an email notification after the petition is submitted.

An electronic copy of the submitted petition and email notification is saved to the expungement case jacket.

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21. After the petition/proposed order is submitted, you can return to the Expungement home page. You can access the “In Progress Expungements” workbasket tile.

The case status will update to“Pending Prosecutor Review” inyour workbasket and you will no longer be able to select the “Open” button to view the case.

However, you may still use the Action menu by clicking the three dots to the right of the “Open” button to:

  • view the case jacket

  • upload relevant documents

  • withdraw the

    petition/proposed order if necessary

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22. If applicable, you can upload a Petitioner Response Letter if the Prosecutor has submitted an Objection.

Note: You will receive emailnotification of the Prosecutor’sresponse.

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23. Upon submission of the expungement petition, an entry is added to the Expungement Case Jacket.

To view the Expungement Case Jacket from the workbasket via Action options, click the three dots to the right of the “Open” button.

Click the column header to sort the columns in ascending or descending order. Default sort is by earliest Entry Date.

Click the paper clip to view the PDF associated with the filing.

Click the envelope icon (if applicable) to view the PDF of the electronic notification sent out to the private attorney. The petitioner will receive email notification when the petition is submitted, prosecutor response is submitted, when the final order is granted or denied, or when the petition is withdrawn.

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24. Use the workbasket Action menu to upload necessary documents to the petition even after you have submitted it. Click on the three dots to the right of the “Open” button and select “Upload Documents.”

  • Click “Select file(s)” to browse the file explorer and find the file or drag and drop the desired file into the middle section with the paper clip.

  • Enter the Filed Date and Document Type from the available list of options then click the Save button.

  • If you select “Other” as thedocument type, you will have to provide a description of the document in an associated text box.

    Note: This feature can be used to upload the “Petitioner Response Letter” after Prosecutor Objection.

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25. Use the workbasket Action menu to Withdraw the petition, if needed. After clicking Withdraw Petition action from the Work List, a confirmation pop up window is displayed. Review the information then click the Confirm” button.

The case is automatically removed from the workbasket but can be searched by the Private Attorney, if needed.

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26. Search for cases in the In Progress workbasket by clicking the +Add/Change link to open up the Search parameters popup window.

  • Click +Add search criteria link to choose additional criteria.

  • Select a value from the “Search criteria” drop down list and enter the desired search criteria:

    Defendant name, SBI number,

    Status (of the case)

  • Click the Search button when

    done entering the search criteria and return to the Workbasket with results matching your criteria.

  • Click the Reset button to clear the search parameters entered previously.

  • Click the Close button to close the Search parameter popup window and return to the Workbasket.

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27. The In Progress workbasket has other features you can utilize.

  • Click the Refresh link to refresh the page with the latest information. This action will:

    • update the petition status.

    • display any new petition that was submitted.

    • remove any petition

      that was withdrawn.

  • Click the Export icon next to Refresh to download an Excel file with the Workbasket information.

  • Click the sort icon on the Filing Date or Status column to sort the Workbasket information in ascending or descending order by that header.

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28. Click the > twisty to expand the petition/proposed order information for a defendant to view more details:

Date of birth; Filing county/court; Prosecutor response, Hearing date.

When no value is returned, two dashes will be displayed (e.g. see Prosecutor response and Hearing date).

Click the v” twisty again to collapse the petition/proposed order information.

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29. The Workbasket displays ten records per page, when there are more than ten records, click << < Page 1 of N > >> to navigate to first, previous, next and last pages.

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30. Notified parties will have access to an “Expungement Notifications” workbasket where expungement cases will display after the petition/proposed order is submitted.

These parties and other agencies will also be notified when the final order is granted.

Notified parties will review the petition and final order (if applicable) from their workbasket.

Notified parties are:

  • Attorney General

  • Superintendent of State Police,

    Expungement Unit

  • County Prosecutor

  • Administrator of the municipal

    court

  • Chief of Police or other head of

    the police department

  • Warden or Superintendent of

    County Jail

  • County Probation Division

  • Division of Criminal Justice,

    Records Identification Unit

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