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/

Thursday, December 30, 2010

Expungement NJSA 2C:52-1 Erase Criminal Arrests

Expungement NJSA 2C:52-1 Erase Criminal Arrests

Thousands of citizens in New Jersey over the past 20 years have been arrested for criminal, disorderly, and municipal ordinance offenses. They may include your neighbors, friends and loyal church goers. The police keep a record of all arrests and convictions, even if 20 years old. These "secrets of the past" will soon be open to anyone in New Jersey including credit agencies. Under a proposal by the New Jersey Attorney General, for a $15.00 fee, anybody 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 against someone who now is a productive, respected, and law abiding citizen.

Fortunately, if you are a law abiding citizen, you can now have old arrests or convictions erased from public records and police folders. Under NJSA 2C:52-1 et seq. past criminal convictions can be expunged' erased under certain instances. For example, 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. 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 if one year 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 EXPUNGEMENT PETITION

You should contact an attorney experienced with handling expungements in the Superior Court. 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. The Expungement Petition is filed in the county where the offense took place, not where the defendant lives. Once filed, the Superior Court will set a hearing within 35-60 days.

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 law enforcement agency which participated in the arrest 6. The warden of any institution where the petitioner was confined, and 7. If the disposition was made by a municipal court, upon the municipal court which heard the case.

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.

Expungement statute was reviewed in recent cases

SUPERIOR COURT - CRIMINAL - FLAT FEE
AGREEMENT TO PROVIDE LEGAL SERVICE
Thank you for contacting Kenneth Vercammen & Associates, PC for representation in a criminal expungement Municipal Court matter.

1. Legal Services to be provided:


2. Flat fee: $1,200- $2,000
We will represent you at all stages from the initial interview to the first appearance in court, if needed. You represent that you have no other arrests or convictions other than the matters you wrote down on the interview sheet.

2. Fees. Fees can be paid by VISA, Master Card, American Express, check, money order or cash. Make checks payable to Kenneth Vercammen PC.

3. Representation/ What We will do for you. We will review and research necessary statutes and caselaw, contact the prosecutor, prepare defenses and determine mitigating factors. We agree to provide conscientious, competent and diligent services on the charges you provided us at the initial consultation. At all times we will seek to achieve solutions which are just and reasonable for you.

WHAT WE WILL DO......
1. Telephone consultation with client;
2. Office consultation with client;
3. Offer sound legal advice to client, plus access to our legal info website kennethvercammen.com
4. Opening of file and client may have free client case folder, Municipal Court brochure, DMV points brochure, and Website brochure;
5. Review of necessary statutes and case law;
6. Preparation of VERIFIED PETITION FOR EXPUNGEMENT OF RECORD PURSUANT TO N.J.S.A. 2C:52-6(a)
7. Preparation of CERTIFICATION to Prosecutor;
STATEMENT TO ACCOMPANY PETITION
- Preparation of ORDER FOR HEARING FOR EXPUNGEMENT PURSUANT TO N.J.S.A. 2C:52-6(a)
- Preparation of ORDER FOR EXPUNGEMENT
- Prepare Certified Mail Green cards for documents to be served on law enforcement and court.
- Preparation of statement to provide legal services;
- Preparation of filing letter to client with proposed Order for hearing and Order for Expungement;
- Preparation of filing letter to Court Expungement Unit
Follow up Court Order for hearing (takes approx 30 days)
- 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;

Preparation of CERTIFICATION OF SERVICE OF ORDER FOR HEARING
8. Review documents supplied by client and court;
9. Travel to Court if required;
10. Negotiations with the Prosecutor and Representation in case.
11. Follow up with Prosecutor
12. Prepare defense and mitigating factors;

If Expungement granted,
- Preparation of letter with signed Order for Expungement to
NJ Attorney General
Department of Law & Public Safety
Expungement Section- PO Box 080
Trenton, NJ 08625
- Preparation of letter with signed Order for Expungement to
NJ Superintendent of State Police
Expungement Unit
River Road, PO Box 7068
West Trenton, NJ 08628
- 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;

13 Preparation of End of Case Letter and client questionnaire.
14. Free Brochures provided on other legal topics such as Worker's Comp, Wills, Personal Injury
15. Free subscription to monthly e-mail newsletter. Provide your email address.
16. Follow up telephone advice [If you call, provide the specific questions with the message. You can also fax your questions].
17. Invitation to client socials/ seminars and Community events via email.
18. Hold and maintain file for seven years in storage as free client service.
19. Free Magnet, Pen, T-shirt, soda/beer mug, foam soda can holder and estate planning book. Please ask Ken V or staff upon retaining the office.
The legal work includes research, correspondence, preparation and drafting of pleadings or other legal documents, conferences in person and by telephone with you and with others, dictating and reviewing letters, negotiations, and any other related work or service to properly represent you in this matter. The Law Firm will provide legal representation through an attorney who is licensed to practice law in New Jersey.

ERASE/EXPUNGEMENT OF OLD ARRESTS details
We need:

c1- client name _____________________

type of offense x2 ___________________

x3 Date of Arrest ___________________

x1 N.J.S.A. 2C: Statute Arrested For [ex 2C: 35-1] __________________

x4 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

c4 Town of arrest ______________
c3 County of arrest _____________

Other details needed in Petition:
Petitioner herein who resides at _____________
2. Petitioner's date of birth is _______, Social Security Number is _________
This matter downgraded... [If matter was not downgraded, delete this line, & replace with: This was reviewed by the __________ Prosecutor]
6. On ______, the Honorable ___________ found Defendant guilty of the following offense: ________________________.
c1 was fined _____, costs of ______ and ______.
Once filed, the Superior Court will set a hearing within 35-60 days.

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, Att: Expungement Unit:
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 law enforcement agency which participated in the arrest
6.) The warden of any institution where the petitioner was confined and
7.) If the disposition was made by a municipal court, upon the municipal court which heard the case.

Our Computer Prints:
1. Verified Petition for Expungement
2. Statement to Accompany Petition
3. Order for Hearing - Court will fill in date
4. Letter to Expungement Unit - w/ Petition, Order for Hearing and Prop. Order for Expungement
5. Letter to Law Enforcement Groups - w/ Petition, Order for Hearing and Proposed Order for Expungement
6. Cert. of Service
7. Mailing Cert. of Service
8. Order for Expungement
9. Letter to Law Enforcement w/ signed Order for Expungement

We call Superior Court and confirm address for Expungement Unit.
Using Letter 4., We Mail to Expungement Unit-
Orig. and one Petition
Statement to Accompany Petition
Order for Hearing
Prop. Order for Expungement
Check for $52.50
2 self-addressed stamped envelopes

Court will sign Order and mail back stamped filed 1, 2 & 3.
Using Letter 5 to Law Enforcement.-
We need to prepare copies and envelopes to Law Enforcement.
Prepare 4 address labels each for
1. State Police [no name of person needed]
2. Attorney General [no name of person needed]
3. County Prosecutor [no name of person needed]
4. Town Chief of Police [no name of person needed] ex. Edison Police Chief- Put name of town first
5. Town Municipal Court Administrator [no name of person needed] ex. Metuchen Court Administrator
6. Probation Department but only if person was on Probation, PTI, or conditional discharge.
7. Any other entity the court tells us to notify.

New Jersey Attorney General Division of State Police
Department of Law & Public Safety P.O. Box 7068
P.O. Box 080 West Trenton, NJ 08628
Trenton, NJ 08625
We need to make extra copies of labels because after Order for Expungement is signed we need to mail to all law enforcement.
We set up letters with enclosures and mail. With a pen we handwrite under address label on non window envelope, “Expungement Unit.”
We hand write the date mailed and send to these Law Enforcement the following -Petition and Verification.
-Order for Hearing
-Proposed Order

When all the green cert. mail cards come in we put date mailed to Law Enforcement. on form 6 (Cert.) and mail to Court .
We make copies of cert. mail green cards and letter before mailing out original green cards to court.
We call Expungement Unit in 7 days to confirm they received green cards and no need to appear on hearing date.
Court will mail signed Order for Expungement to us.
We need to send Form 9. to all Law Enforcement. Regular mail, Att: Expungement
Unit:. cc: w/o Order to Expungement Unit
cc: w/ copy to client

4. Other Legal Services. We provide representation only on the charges/tickets/offenses you provided to us at the initial consultation. The Law Firm does not guarantee Kenneth Vercammen will be the hearing attorney. You and the Law Firm may make additional agreements to provide for legal services not covered by the Agreement. Without such agreements, the Law Firm is not required to do any additional work or any of the following:
(a) Provide any legal services after appearance at the trial court;
(b) File any Motions or Briefs not set forth on page 1

We recommend after the Order for Expungement is signed by the Judge that you to send a copy of the Order for Expungement to the police by Certified Mail.
(c) Appeal any decisions of the trial court or make additional appearances after appearing in Court;
(d) provide other legal services or advice not listed on page 1-3; or
(e) Represent you in any other court or Tribunal

5. Costs. In addition to legal fees, you must pay the following costs and expenses if needed: costs for discovery and police reports, court costs, subpoena fees, and any other necessary expenses in this matter.

6. Your Responsibility- Please read carefully and follow instructions to help us help you.

You must fully cooperate with the Law Firm and provide all information relevant to the issues involved in this matter. You must fill out the Interview Sheet accurately.
We highly recommend if the court grants your expungement to send a copy of the signed order to the attorney general, court and police department yourself by certified mail and request they send to you verification the records were erased/ expunged.
4. You must notify the Law Office and the court immediately if your address or phone numbers change.
5. Under the NJ Rules of Professional Conduct and Court Rules, we cannot send a letter of representation to the court until the Retainer is paid in full. All fees and requirements under this written retainer agreement and any other written documents must be complied with. You must also pay all bills as required by this Agreement. If you do not comply with these requirements, the Law Firm will not represent you. Failure to comply with all requirements shall permit the law office to withdraw its offer of representation. We always charge a fee of between $50 - $100 for bad checks.

7. No Guarantee. The Law Firm agrees to provide conscientious, competent and diligent services and at all times will seek to achieve solutions which are just and reasonable for you. However, because of the uncertainty of legal proceedings, the interpretation and changes in the law and many unknown factors, attorneys cannot and do not warrant, predict or guarantee results or the final outcome of any case. Your payment of the legal fee indicates you have read and agree to this Agreement. This is a non-refundable retainer/representation fee, pursuant to Superior Court decisions and New Jersey RPC.

2C:52-1. Definition of expungement a. Except as otherwise provided in this chapter, expungement shall mean the extraction and isolation of all records on file within any court, detention or correctional facility, law enforcement or criminal justice agency concerning a person's detection, apprehension, arrest, detention, trial or disposition of an offense within the criminal justice system.

b. Expunged records shall include complaints, warrants, arrests, commitments, processing records, fingerprints, photographs, index cards, "rap sheets" and judicial docket records.

L.1979, c. 178, s. 108, eff. Sept. 1, 1979.

2C:52-2. Indictable offenses 2C:52-2. Indictable Offenses.

a. 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 two occasions may, after the expiration of a period of 10 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.

Although subsequent convictions for no more than two disorderly or petty disorderly offenses shall not be an absolute bar to relief, the nature of those conviction or convictions and the circumstances surrounding them shall be considered by the court and may be a basis for denial of relief if they or either of them constitute a continuation of the type of unlawful activity embodied in the criminal conviction for which expungement is sought.

b. Records of conviction pursuant to statutes repealed by this Code for the crimes of murder, manslaughter, treason, anarchy, kidnapping, rape, forcible sodomy, arson, perjury, false swearing, robbery, embracery, or a conspiracy or any attempt to commit any of the foregoing, or aiding, assisting or concealing persons accused of the foregoing crimes, shall not be expunged.

Records of conviction for the following crimes specified in the New Jersey Code of Criminal Justice shall not be subject to expungement: Section 2C:11-1 et seq. (Criminal Homicide), except death by auto as specified in section 2C:11-5; section 2C:13-1 (Kidnapping); section 2C:13-6 (Luring or Enticing); section 2C:14-2 (Aggravated Sexual Assault); section 2C:14-3a (Aggravated Criminal Sexual Contact); if the victim is a minor, section 2C:14-3b (Criminal Sexual Contact); if the victim is a minor and the offender is not the parent of the victim, section 2C:13-2 (Criminal Restraint) or section 2C:13-3 (False Imprisonment); section 2C:15-1 (Robbery); section 2C:17-1 (Arson and Related Offenses); section 2C:24-4a. (Endangering the welfare of a child by engaging in sexual conduct which would impair or debauch the morals of the child); section 2C:24-4b(4) (Endangering the welfare of a child); section 2C:28-1 (Perjury); section 2C:28-2 (False Swearing) and conspiracies or attempts to commit such crimes.

Records of conviction for any crime committed by a person holding any public office, position or employment, elective or appointive, under the government of this State or any agency or political subdivision thereof and any conspiracy or attempt to commit such a crime shall not be subject to expungement if the crime involved or touched such office, position or employment.

c. In the case of conviction for the sale or distribution of a controlled dangerous substance or possession thereof with intent to sell, expungement shall be denied except where the crimes relate to:

(1) Marijuana, where the total quantity sold, distributed or possessed with intent to sell was 25 grams or less, or

(2) Hashish, where the total quantity sold, distributed or possessed with intent to sell was five grams or less.

d. In the case of a State licensed physician or podiatrist convicted of an offense involving drugs or alcohol or pursuant to section 14 or 15 of P.L.1989, c.300 (C.2C:21-20 or 2C:21-4.1), the court shall notify the State Board of Medical Examiners upon receipt of a petition for expungement of the conviction and records and information pertaining thereto.

Amended 1989,c.300,s.23; 1993,c.301; 1994,c.133,s.6.

2C:52-3. Disorderly persons offenses and petty disorderly persons offenses Any person convicted of a disorderly persons offense or petty disorderly persons offense under the laws of this State who has not been convicted of any prior or subsequent crime, whether within this State or any other jurisdiction, or of another three disorderly persons or petty disorderly persons offenses, may, after the expiration of a period of 5 years from the date of his conviction, payment of fine, satisfactory completion of probation or release from incarceration, whichever is later, present a duly verified petition as provided in section 2C:52-7 hereof 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.

L.1979, c. 178, s. 110, eff. Sept. 1, 1979. Amended by L.1981, c. 290, s. 43, eff. Sept. 24, 1981.

2C:52-4. Ordinances In all cases wherein a person has been found guilty of violating a municipal ordinance of any governmental entity of this State and who has not been convicted of any prior or subsequent crime, whether within this State or any other jurisdiction, and who has not been adjudged a disorderly person or petty disorderly person on more than two occasions, may, after the expiration of a period of 2 years from the date of his conviction, payment of fine, satisfactory completion of probation or release from incarceration, whichever is later, present a duly verified petition as provided in section 2C:52-7 herein to the Superior Court in the county in which the violation occurred praying that such conviction and all records and information pertaining thereto be expunged.

L.1979, c. 178, s. 111, eff. Sept. 1, 1979.

2C:52-4.1. Juvenile delinquent; expungement of adjudications and charges a. Any person adjudged a juvenile delinquent may have such adjudication expunged as follows:

(1) Pursuant to N.J.S. 2C:52-2, if the act committed by the juvenile would have constituted a crime if committed by an adult;

(2) Pursuant to N.J.S. 2C:52-3, if the act committed by the juvenile would have constituted a disorderly or petty disorderly persons offense if committed by an adult; or

(3) Pursuant to N.J.S. 2C:52-4, if the act committed by the juvenile would have constituted an ordinance violation if committed by an adult.

For purposes of expungement, any act which resulted in a juvenile being adjudged a delinquent shall be classified as if that act had been committed by an adult.

b. Additionally, any person who has been adjudged a juvenile delinquent may have his entire record of delinquency adjudications expunged if:

(1) Five years have elapsed since the final discharge of the person from legal custody or supervision or 5 years have elapsed after the entry of any other court order not involving custody or supervision;

(2) He has not been convicted of a crime, or a disorderly or petty disorderly persons offense, or adjudged a delinquent, or in need of supervision, during the 5 years prior to the filing the petition, and no proceeding or complaint is pending seeking such a conviction or adjudication;

(3) He was never adjudged a juvenile delinquent on the basis of an act which if committed by an adult would constitute a crime not subject to expungement under N.J.S. 2C:52-2;

(4) He has never had an adult conviction expunged; and

(5) He has never had adult criminal charges dismissed following completion of a supervisory treatment or other diversion program.

c. Any person who has been charged with an act of delinquency and against whom proceedings were dismissed may have the filing of those charges expunged pursuant to the provisions of N.J.S. 2C:52-6.

L.1980, c. 163, s. 1. Amended by L.1981, c. 290, s. 44, eff. Sept. 24, 1981.

2C:52-5. Expungement of records of young drug offenders Expungement of Records of Young Drug Offenders. Notwithstanding the provisions of sections 2C:52-2 and 2C:52-3, after a period of not less than one year following conviction, termination of probation or parole or discharge from custody, whichever is later, any person convicted of an offense under chapters 35 or 36 of this title for the possession or use of a controlled dangerous substance, convicted of violating P.L. 1955, c. 277, s. 3 (C. 2A:170-77.5), or convicted of violating P.L. 1962, c. 113, s. 1 (C. 2A:170-77.8), and who at the time of the offense was 21 years of age or younger, may apply to the Superior Court in the county wherein the matter was disposed of for the expungement of such person's conviction and all records pertaining thereto. The relief of expungement under this section shall be granted only if said person has not, prior to the time of hearing, violated any of the conditions of his probation or parole, albeit subsequent to discharge from probation or parole, has not been convicted of any previous or subsequent criminal act or any subsequent or previous violation of chapters 35 or 36 of this title or of P.L. 1955, c. 277, s. 3 (C. 2A:170-77.5) or of P.L. 1962, c. 113, s. 1 (C. 2A:170-77.8), or who has not had a prior or subsequent criminal matter dismissed because of acceptance into a supervisory treatment or other diversion program.

This section shall not apply to any person who has been convicted of the sale or distribution of a controlled dangerous substance or possession with the intent to sell any controlled dangerous substance except:

(1) Marihuana, where the total sold, distributed or possessed with intent to sell was 25 grams or less, or

(2) Hashish, where the total amount sold, distributed or possessed with intent to sell was 5 grams or less.

L. 1979, c. 178, s. 111; amended by L. 1987, c. 106, s. 16. 2C:52-6. Arrests not resulting in conviction a. In all cases, except as herein provided, wherein a person has been arrested or held to answer for a crime, disorderly persons offense, petty disorderly persons offense or municipal ordinance violation under the laws of this State or of any governmental entity thereof and against whom proceedings were dismissed, or who was acquitted, or who was discharged without a conviction or finding of guilt, may at any time following the disposition of proceedings, present a duly verified petition as provided in section 2C:52-7 to the Superior Court in the county in which the disposition occurred praying that records of such arrest and all records and information pertaining thereto be expunged.

b. Any person who has had charges dismissed against him pursuant to P.L.1970, c. 226, s. 27 (C. 24:21-27) or pursuant to a program of supervisory treatment, shall be barred from the relief provided in this section until 6 months after the entry of the order of dismissal.

c. Any person who has been arrested or held to answer for a crime shall be barred from the relief provided in this section where the dismissal, discharge, or acquittal resulted from a determination that the person was insane or lacked the mental capacity to commit the crime charged.

more info at http://kennethvercammen.com/expungement.html

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