Are You Eligible to Expunge Your Criminal Record?
You never thought you would see the day. Some time ago, you made a mistake. Admittedly, you suffer daily from the tarnish it’s done to your reputation. If that’s the case, you may enjoy some good news. Could you be eligible to expunge your criminal record?
More than likely, you already have some idea as to what a record expungement means. Essentially, it provides you with the opportunity to wipe the slate clean. Imagine the possibilities with a new beginning.
Not everyone realizes that the laws regarding expungements changed at the end of last year. More and more people with criminal convictions became eligible for record expungements. You could be one of them.
Have you looked into sealing your records in the past? You shouldn’t necessarily be dissuaded if you were turned down previously. Instead, you need to speak with an attorney with experience in expungements to see if the statutory changes apply to your situation.
Changes to Expungement Law
Although the laws on expungement start at NJSA 2C:52-1 Meanwhile, you may want to read the amendments put in place by the New Jersey State Senate for some clearer insight into the changes. The Senate Judiciary Committee enacted this version of the law on March 18, 2019.
In order to qualify for an expungement, you must have only one criminal conviction on your record. You may still be eligible if you have less than four disorderly persons offenses or petty disorderly persons offense on your record.
Eligibility for expungement of disorderly persons offenses starts five years from your last recent conviction, payment of fines, or satisfactory completion of probation or parole, or release from incarceration. As you may know, this represents a shorter time period.
For indictable crimes, referred to as felonies in other states, the waiting period is reduced from ten to six years. That said, you may not be eligible for expungement if you were convicted of certain crimes.
Crimes not subject expungement remain the same as in the past and include criminal homicide, kidnapping, human trafficking, kidnapping, sexual assault, arson, robbery, and others. Again, you should speak with an attorney to determine your eligibility for expungement.
In the meantime, those with juvenile records only need to wait three years to apply for record expungement.
The fact that those with criminal convictions no longer need to wait ten years to reclaim their lives represents opportunities when it comes to housing and employment.
Previously, those who went through PTI could not expunge crimes. This is no longer the case.
Additionally, you may be able for expungement by way of combining convictions into one episode.
Contact Us
The new changes in the law may mean you can expunge your criminal records. The Law Offices of Beninato & Matrafajlo looks forward to helping you move to the next chapter in your life. Contact us to learn how we can assist you.