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Expungements of Indictable Offenses
Piscataway NJ Expungement Attorney
Expungement of indictable criminal offenses is governed by N.J.S.A. 2C:52-2. You will have to satisfy the requirements of this law in order to expunge a first degree, second degree, third degree or a fourth degree crime. An Piscataway NJ Expungement Attorney at The Law Offices of Jonathan F. Marshall can provide skilled guidance in securing this relief. Our firm is comprised of several former prosecutors including Jason Seidman, Esq., who was the supervising expungement lawyer in the Middlesex County Prosecutor’s Office. To speak to one of the lawyers at the firm any time of day or night, contact our Piscataway Office for a free consultation. We can be reached at 732-562-0308.
Indictable Offenses Which Cannot Be Expunged. There are certain crimes which are disqualified from expungement under 2C:52-2. The offenses which cannot be expunged include homicide (except vehicular homicide), kidnapping, luring, aggravated sexual assault, aggravated criminal sexual contact where the victim is a minor, criminal restraint, false imprisonment, robbery, arson, endangering the welfare of a child by engaging in sexual conduct which would impair or debauch the morals of the child, possession or distribution of child pornography, perjury, false swearing and terrorism and promoting prostitution of the actor’s child.
Distribution of CDS. A conviction for distribution, selling or possession with intent to distribute CDS are only expungeable under limited circumstances. A record of arrest or conviction for this type of offense may be expunged if it involves 25 grams or less of marijuana or 5 grams or less of hashish. Expungement is also available where the conviction involves third degree or fourth degree distribution of other drugs (e.g. cocaine, prescription pain medication, heroin, etc.) provided the court finds that the relief “is consistent with the public interest, giving due consideration to the nature of the offense and the petitioner’s character and conduct since conviction.”
Crimes Committed by Public Officials. If a crime involving public office is committed by an individual holding a public office or position, the violation is not eligible for expungement.
Limitations On Expungement For Other Convictions. Only one indictable offense may be expunged. An applicant is disqualified if he/she has more than one conviction for a first, second, third or fourth degree crime. An applicant is also ineligible if he/she has any more than two convictions for a disorderly persons offense.
Waiting Period for Expunging an Indictable Conviction. As a general rule, an individual must wait ten years from the date of completion of all supervision and payment of all fines in order to qualify for expungement. This time limitation may be relaxed to five years if there are no subsequent convictions and the court finds “that expungement is in the public interest, giving due consideration to the nature of the offense, and the applicant’s character and conduct since conviction.”
New Brunswick NJ Expungement Lawyers
Our New Brunswick Criminal Attorneys certainly possess the qualifications to expunge your felony criminal record. If you believe you satisfy the requirements in order to obtain an expungement, we are prepared to put our 100 plus years of experience to work for you. To speak to one of our lawyers immediately, contact us for a free consultation. An attorney is available 24/7 by calling our New Brunswick Office at 732-246-7126.