This article will discuss the New Jersey Expungement process. It is comprised of four steps, which are determining eligibility, obtaining your criminal record, completing the forms, and submitting the forms. It usually takes around 3-4 months to get through the whole process.
It is strongly advised to not use the following steps to execute an expungement. For the most complete and accurate instructions, please refer to the do-it-yourself expungement kit provided by the New Jersey Courts, which can be found at this link.
I. Qualifying for Expungement
Before beginning the expungement process in New Jersey, it’s important to determine your eligibility. We offer a free eligibility test to help you make that determination. If you are not yet eligible, you can start preparing the necessary documents so when you do become eligible, you can start the process right away.
Take the initial step to a new beginning and talk to a certified expungement lawyer right away! Free Consultation.
II. Obtaining Your Criminal History Records
When you are in the process of filing for an expungement in New Jersey, you must include all of your arrests, even if the charges were dismissed, in your application. As a result, it is important to get hold of your criminal record before you start the expungement. Although most services and lawyers can make a copy of this record for you, it is wiser to obtain it yourself since it can save you money. Luckily, there are various ways to get a hold of your criminal background, and depending on your circumstances, you might have to use multiple methods to get the complete document.
Different ways to access your criminal history include court disposition, FBI search, Morpho Trak, and hiring a private attorney. Pros and cons exist for each of these methods.
Judicial Ruling
A court record is a documentation that outlines the ultimate result of a legal matter. It comprises all the necessary data required to apply for an expungement in the state of New Jersey, including the final judgement, the numbers of the complaint/indictment, the statutes which were charged/convicted, and the dates.
To request your court record, you’ll need to fill in an application form. You can either mail, fax, or bring the application to court. In some cases, the court will fax you the disposition of your record the same day. But, in general, it may take a few weeks to receive your court disposition if you mail or fax the application. If you visit the court in person, you can get your court disposition within half an hour.
The benefits:
- All the data relevant to the arrest you seek is available
- Simple form and guidelines for submitting it
- Quick turnaround time when you go to the court in person
- This is the approach most legal professionals employ.
Negatives:
- If you have been taken into custody on more than one occasion, you should contact each court to inquire about the procedure
- Processes may differ from court to court, so it is wise to call ahead and find out the exact protocol.
NJ State Police
In New Jersey. To get your criminal/juvenile history record (rap sheet) from the New Jersey State Police, you must make arrangements to get fingerprinted by Morpho Trak, a company privately contracted with the State.
New Jersey State Police Force
The NJ State Police is an organization that works to protect and serve the citizens of this state. They are responsible for enforcing laws and maintaining order throughout the state. They also provide assistance to local law enforcement agencies and the public. They are dedicated to the safety of the citizens of New Jersey.
In the Garden State of New Jersey, to obtain your criminal/juvenile history report, it is necessary to make preparations for being fingerprinted by Morpho Trak. This is a private organization that is contracted by the State.
You have to complete several forms and arrange an appointment. After you have been given your fingerprints, you will obtain your record within a fortnight. Further details can be found here.
Cost: 41 dollars
Benefits:
- New Jersey arrests that required fingerprinting during processing will be accessible quickly
- Expect a relatively brief wait time
Cons:
- The directions for the form are complicated and long
- You must visit a physical office to have your fingerprints taken
- The hours and locations of the office may be difficult to reach
- Any arrests where you weren’t fingerprinted during processing will not be found
- Any arrests outside of New Jersey won’t be included
- Juvenile and family records may not be included either
For those living outside of New Jersey, the Criminal Information Unit of the New Jersey State Police will provide instructions for obtaining your record. This entails completing and submitting a few forms.
Investigating by the FBI
The Federal Bureau of Investigation is carrying out a search.
You need to submit an application form and a “fingerprint card” to obtain your record from the New Jersey State Police. There is no need to go to a physical office to have your fingerprints taken, though the FBI highly recommends that you have it done by a qualified technician. After the application is sent in, you should receive your record within 6 to 12 weeks. For more information, click here.
The cost for the service is eighteen dollars.
Benefits:
- No matter where the arrest occurred, all arrests resulting in fingerprints will appear
- There is no need to travel to a physical office for this purpose.
Drawbacks:
- Following the directions for filling out the forms may be perplexing
- It can be a challenge to complete the fingerprint card
- It can take up to 12 weeks to receive your records
- Arrests where you weren’t fingerprinted might not be included
- Juvenile or family records may not be available
Legal Representative
Your lawyer is a legal representative that you can trust to handle your case. They will work diligently in order to ensure that your rights and interests are protected. Your attorney will make sure that you understand the legal process, explain your legal options and fight for the best possible outcome for you.
For those who had a private lawyer to handle their criminal matter, the quickest and most cost-efficient way to get records relating to that case is to contact the attorney and ask them for a copy of the final outcome.
III. Forms for Expungement in New Jersey
In order to begin the process of getting an expungement in New Jersey, one must first get their records. After doing so, it is necessary to fill out the New Jersey Expungement Form, which can be found at the end of the “How to Expunge Your Criminal and/or Juvenile record” PDF file. It is best to examine the document thoroughly before deciding to either pursue the process independently, with the help of a lawyer, or through a DIY service.
Benefits:
- No cost apart from the filing and mailing fees
- The guide provides a detailed explanation of the process
- Included are the forms and accompanying instructions
It is often said that hindsight is 20/20 and this certainly applies to the way we look back on past decisions. Examining our choices in the past can often give us a clearer view of things and allow us to learn from our missteps. Looking back with a more informed perspective can help us to make better decisions in the future.
The ability to make quick decisions is an invaluable quality for anyone to possess. Being able to think on one’s feet and come to a wise conclusion swiftly can make all the difference in a variety of situations. Having this ability allows one to take advantage of opportunities that may otherwise be missed.
Cons:
- Completing the forms can be tricky as it is not straightforward
- In the event of an error, the entire process must be started from the beginning, thereby wasting time and money
- Only a limited number of mailing addresses are available, and some are out of date, necessitating you to make phone calls
- The information is designed to encompass all cases, not just the one you are working on
- You have to decide which instructions are pertinent and which should be disregarded.
The court system of New Jersey has supplied an Expungement Kit, which provides further details on each of the forms included.
Form B – Request for Expungement
To request an expungement of your criminal record, you must fill out a Petition for Expungement. This includes information such as your full name, address, telephone number, date of birth, and social security number. Additionally, you must provide details on any arrests or convictions that you have had, including the date of the arrest, the municipality, the name of the offense, the statute, the indictment/complaint/docket number, the date of the sentence, and the sentence itself. For assistance in filling out the form, it is recommended to have a copy of your criminal record. After filling out the form, it must be signed and notarized.
Form B – Hearing Order
This document serves as an official request for a hearing to take place.
On the Order of Hearing, the date for the expungement hearing is established. Generally, there is no need to appear in court; however, there are some exceptions. The document requires your personal information to be filled out, as well as which offices should get a copy of your petition and the arrests you wish to have expunged.
Form C – An Order of Expungement
The Expungement Order is the legal document that allows you to get your criminal record expunged. After the judge signs it, the expungement process is not yet completed. You must then send a copy of the order to the relevant departments, just like Form B. You need to fill in your personal info, the departments that will receive it and the arrests you want to be cleared.
An Introduction – Cover Letter
This is a letter that serves as an introduction.
This document serves as a notification of your request for an expungement to the court. It must be completed with the address of the court you are submitting to, as well as your own personal information, and signed.
Form E – Correspondence Letter
In order to submit the documents for expungement, an order for hearing, and an expungement order to the appropriate New Jersey departments, this cover letter must be completed with your personal details, the addresses of each respective department, and the certified mail number. Additionally, it must be signed.
Document F – Evidence of Notification
The Proof of Notice is utilized to show that you have distributed copies of your expungement application to the appropriate New Jersey department concerned with your case. It is necessary to send this form along with your green return receipt cards. You do not have to fill it out in all circumstances; it is typically only needed if no court appearance is necessary.
Form G – Correspondence Cover
This correspondence is akin to Form E. It is utilized for delivering replicas of your Expungement Mandate to the numerous agencies. By doing this, it orders those organizations to remove your criminal history, thus clearing your background. Just like Form E, you need to fill out the locations of every department and your personal information, and sign it. You must also enter the certified mail number.
IV. Submit a Request for an Expungement
Having the forms in hand, the following procedures must be accomplished:
Section 1
A restatement of the text in a different structure is presented here in order to avoid plagiarism. The same context and semantic meaning are maintained.
- To apply for an expungement, complete the necessary paperwork. Data needed can be found on the disposition from the court, including the complaint/indictment number, arrest date, final court charges, sentence date, court sentence, and court name.
- Sign the document in front of a notary public
- Make a photocopy of the forms
- Send the forms to the county courthouse via mail.
Section 2
- After a month or so, the documents you sent away will be filled out and sent back to you
- Make photocopies of the forms
- Send each copy of the forms with a separate cover letter to the necessary departments through certified mail, with a return receipt requested.
Section 3
- After obtaining the return receipts, keep a duplicate for yourself and send the originals to the county courthouse. The package must be accompanied with a cover letter.
- The majority of applicants are not required to be present in court. In fact, the court would rather not have you there and will say so in the letter that is sent back. In very few cases you may have to appear in court. If so, make sure to bring along photocopies of any documents you have, such as the return receipts. You might be summoned to court for the following reasons:
A voice of opposition
Notifying various departments is part of the expungement procedure, such as the prosecutor, probation department and sheriff’s department, who may object to your request. Nonetheless, if you adhere to the conditions, it is not likely that anyone will oppose. Although it is possible for a person to reject without a legitimate or factual reason, it is an uncommon case. There is no need to be worried about the victim or arresting officer objecting as they are not informed of your application.
An intent to peddle/market drugs is present.
Being convicted of intent to sell or distribute drugs in New Jersey is considered a serious offense, which is only recently eligible for expungement (N.J.S. 2C:52-2(c)(3)). If the prosecutor objects, a court hearing will be held to consider the merits of the petition. The judge will then decide if it is in the public’s best interest to grant the expungement, taking into account the nature of the offense and the petitioner’s behavior since then. At the hearing, the petitioner will have to make a case for why they deserve to have their record cleared.
If you have acquired a steady job and kept out of difficulties since your detainment, the court is likely to accede to your expungement request. If the opposite is true, the judge will be more likely to refuse your petition. If the judge rejects your petition, you are entitled to an appeal. Though, the process of appealing is complicated and long-winded.
An early pathway to expungement or an exception on the basis of public interest can be available.
The general rule of thumb is that it takes 10 years to expunge a felony conviction and 5 years to clear a misdemeanor offense. However, if a court deems it to be in the public interest, the waiting period for a felony conviction can be reduced to 5 years, and for a misdemeanor offense to 3 years (as per a recently passed expungement law). The court will assess the individual’s character and conduct since the conviction. The prosecutor may object and an in-court hearing will be necessary. The defendant must demonstrate why they deserve expungement in court, which may include evidence of employment, school attendance, or involvement with the community.
Segment 4
- If the court grants your request for an expungement, you will be given a court order with a judge’s signature.
- Make a copy of the form.
- Send each one of the copied forms to the necessary departments by registered mail and request a return receipt. Make a different cover letter for each form. After that, each department will erase your record.
You have successfully completed the process! Your records will not be accessible to the general public. Furthermore, for extra assurance, you should also contact any private background-check organizations to request that your information is taken off their files.