New Jersey Criminal Record Expungement: Learn How to Get Your Criminal Record Expunged in New Jersey
At present, the entire New Jersey criminal record expungement process takes about 66 months to complete. However, it might take less or more time than depending on a specific case. Typically, these are the steps for New Jersey expunge criminal records process:
Get criminal records
It is the first step in the procedure for expungement in New Jersey. The concerned person has to first get a copy of his/her criminal records. It could constitute getting their Judgment of Conviction when the charge was at the felony level or their Disposition. Based on the court, procuring criminal records may take time from two days to about a month to provide the record copy.File the petition for expungement
Expert legal help is always preferred to draft the petition. The petition should be signed in the presence of a notary public. The petition is now ready to be filed along with the accompanying documents at the relevant county courthouse.
It is the 3rd step in the criminal record expungement New Jersey, After your attorney receives a copy of your filed expungement petition, they will serve its cope to each relevant governmental agencies through certified mails along with the request for a return receipt.Attend appearance in the court if required
Once the court has your filed expunged petition, the assigned judge will schedule a date for hearing for your expungement. It is for the judge to take a call on whether to deny or grant your expungement at the hearing. The original date of hearing can be extended when the State Police of New Jersey or the County Prosecutor need extra time for retrieving and reviewing your file.
Most of the time, your presence in the hearing is not compulsory unless the prosecutor raises any kind of objection to your expungement. When the County Prosecutor has an objection to your expungement, he/she will dispatch a letter to your attorneys mentioning the cause of their objection. It is imperative to note here that an objection does not essentially mean that your expungement petition has been refused by the court. Rather, it signifies that it should be established in the court that your conviction(s) or arrest(s) are qualified for expungement in New Jersey.Expungement order has to be served
It is the final step for getting criminal records expunged in New Jersey. In case the court grants the request for your expungement, they will mal a signed order to your attorneys mentioning that your expungement has been granted. Once your order has been received, your attorneys will send the order copy to all the relevant government agencies such as probation, police departments, the FBI, the courts, as well as, all other agencies, which have your criminal record requesting them to remove the same.
At present, the State Police of New Jersey takes about 90 days to 210 days for removing the record from the federal NCIC and their computer. When the process ends, your attorney will get a confirmation letter finally from the New Jersey Police. The letter confirms that your criminal record has been successfully cleared from all databases.
In case a record is expunged in New Jersey, it is unavailable from public view. The outcome of the record expungement is as if the events did not even occur. In a majority of cases, the person can say that he/she was not convicted or arrested for a criminal offense.
When a person is detained or arrested but not convicted of a criminal offense, they can file a petition to have their criminal record expunged in case either of the below statements is correct:
- The person was discharged or acquitted as was declared not guilty, or
- The proceedings against the person were dismissed.
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