Results-Driven Legal Counsel

Expunge Your Record, Protect Your Future

Last updated on September 24, 2020

Are you in need of help getting charges expunged from your record?

Criminal charges are not going to go away on their own; they will stay on your record complicating the most important things in your life. When you have criminal charges on your record, it can make getting a new job, buying a home, buying a car, getting a mortgage, taking out a loan, investing in a business, and even renting or leasing very difficult. Your charge or conviction may still show up on a background check, even if the court dismissed your charges or you completed alternative sentencing. Your employer or mortgage lender may still be able to access and see these charges. This is why having a clean record is very important. Call Law Offices of Jennifer M. Mendelsohn, LLC, today at 201-957-0515 to discuss getting any criminal charges expunged from your record so that you can go on living your life much easier.

What Is Expungement?

Your criminal record is not automatically cleared with the passage of time. In New Jersey, an arrest is not expunged unless a court grants an expungement petition. Under New Jersey state law, an expungement of your criminal record means certain records on file with any court, correctional facility or law enforcement agency are sealed from public access. Records are not destroyed. Specific arrests, charges or other documents are isolated and redacted. Once an expungement petition has been granted by the court, under most circumstances these matters cannot be disclosed to anyone investigating your background. If you have ever been arrested, contact the Law Offices of Jennifer M. Mendelsohn, LLC to discuss your options.

How Long Does It Take To Clear A Criminal Record?

In New Jersey, statutory guidelines impose eligibility requirements and waiting periods for when an expungement may be requested or granted by the court. The New Jersey expungement law was changed on January 13, 2010, to reduce certain waiting periods. The ‘waiting’ period you are subject to can vary depending on the type of criminal charges you are trying to get expunged and the sentence the court imposed. Certain considerations can alter the ‘waiting period,’ and it is critical for you to understand how those considerations apply to your case.

Some charges are not eligible for expungement. In New Jersey, you cannot expunge charges such as:

  • Distribution of a controlled substance
  • Possession of a controlled substance with intent to distribute
  • Perjury or false swearing
  • Kidnapping, false imprisonment or criminal restraint
  • Luring or enticing
  • Sexual assault or criminal sexual contact (if the victim is a minor)
  • Endangering the welfare of a child
  • Robbery
  • Homicide

Additionally, you cannot expunge motor vehicle violations, driving under the influence charges or driving while intoxicated charges under New Jersey law.

Expungement Law Changes As Of 6/15/20

  • The waiting period to expunge a criminal conviction is reduced from six years to five years. The waiting period can be reduced to four years if a compelling argument is made to the court.
  • Dismissals in both municipal court and Superior Court that are not part of a plea deal will automatically be expunged.
  • If a person has previously had an expungement granted of an indictable offense, he/she can file to have an expungement of a latter indictable conviction. This removes the complete bar on expungement to those who previously expunged their criminal histories.
  • Many drug-related convictions that were previously treated as criminal convictions will be considered disorderly persons offenses for purposes of expungement.
  • An individual can now have up to five disorderly persons offenses expunged versus the prior law that allowed for only up to four disorderly persons offenses.
  • An individual can now have an indictable conviction plus up to three disorderly persons offenses expunged
  • Unlimited convictions for certain marijuana charges.

If you were not previously eligible for an expungement, you may now be under the new law. The process of seeking an expungement of your arrest or criminal conviction from your record can be extremely complicated and involves a lot of paperwork and multiple steps. Missing one small step in the process can delay your expungement from going through by weeks or even months.

Contact the Law Offices of Jennifer M. Mendelsohn, LLC To Get Started

If you want to file a New Jersey expungement petition, you will need to gather as much information as you can about your offense. This could include the summons, the complaint number, the arrest date and more. Attorney Mendelsohn has handled hundreds of expungements in her career. She can help you gather this information, explain the process and file the petition with you. Call 201-957-0515 or send an email today and have peace of mind that you can and will get your life back on track.