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Expungement Eligibility in New Jersey
Middlesex County New Jersey Expungement of a Criminal Record Lawyer
The threshold issue for anyone seeking an expungement in Middlesex County is determining eligibility. Certain criminal conviction are not eligible to be removed or sealed. In other instances an individual will be ineligible to have their record expunged because they have too many convictions. The first question in your quest to clear your criminal record is therefore determining if you are eligible. The best way to definitely find out your qualification is to contact a Middlesex County Expungement Lawyer at The Law Offices of Jonathan F. Marshall. Our firm has handled countless petitions for expungement and has the attorneys to insure that your secure the relief you are seeking. To speak to an attorney immediately, call our New Brunswick Office, Piscataway Office, East Brunswick Office or Woodbridge Office. We hope you find the information that follows of assistance and do not hesitate to contact us for further assistance.
Can I Get My Offense Expunged?
There are certain offenses which, as previously stated, are not eligible for expungement in New Jersey. The following crimes cannot be expunged according to N.J.S.A. 2C:52-2:
- Criminal Restraint
- Criminal Homicide except Death by Auto
- Aggravated Sexual Assault
- Aggravated Criminal Sexual Contact
- Criminal Sexual Contact with a victim who is a minor
- Endangering the Welfare of a Child if it involves sexual contact
- False Swearing
Distribution of CDS or Possession with Intent to Distribute
Generally, if you were convicted of distribution of CDS or possession with intent to distribute drugs, the record of your conviction is not eligible for expungement. There are, however, three exception to this rule where a conviction for distributing CDS/drugs may be expunged. Expungement is available if the conviction concerns: (1) sale or distribution of 25 grams or less of marijuana; (2) 5 grams or less of hashish; or (3) a fourth degree crime or third degree crime and the court finds that the expungement is consistent with the public interest, giving due consideration to the nature of the offense and the petitioner’s character and conduct sine the conviction.
Do I Qualify For Expungment?
You can have one (1) indictable conviction and up to two (2) disorderly persons offenses expunged from your record. The waiting period for the expungement of an indictable offense is ten (10) years from the date of completion of all supervision and payment of all fines. The waiting period may be reduced to five (5) years, however, if the petitioner has not been convicted of a disorderly persons offense since the date of the indictable conviction and the court finds that it is in the public interest, giving due consideration to the nature of the offense and the applicant’s character and conduct since the conviction. If you only have disorderly persons offenses on your record, you can have up to two (2) convictions expunged once five (5) years has expired since completion of all supervision and payment of all fines. You can have an unlimited number of ordinance violations removed from your record provided a two (2) year waiting period has elapsed.
For additional information and for a free initial consultation, please call our attorneys for immediate assistance at 732-246-7126.