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Expungements Lawyers in Mercer County NJ
Being charged with a criminal offense is bad enough but being scarred with a criminal conviction can be devastating to one’s future. It could have a significant impact on one’s ability to be accepted into their dream college, obtain a professional license and either gain or maintain meaningful employment. If you have been convicted of a crime in Mercer County and you would like to erase your record the Law Offices Proetta, Oliver Fay. The expungement laws in New Jersey are rather complicated and therefore it is imperative that you speak to an experienced New Jersey expungement lawyer about your options. There are certain crimes in New Jersey that cannot be expunged and the ones that have different “waiting periods”. Those time periods must be satisfied before an expungement can even be filed. For example, if you have been convicted of a disorderly persons offense, a Defendant must wait three (3) years before they can file for an expungement. On top of that, only a certain amount of convictions are allowed to be expunged. For example, a Defendant is only able to expunge five disorderly persons offenses provided they do not have any other types of convictions out there.
Need an Expungement Lawyer in Mercer County New Jersey
If you have been convicted of a crime in New Jersey and would like to speak to Mr. Oliver about your options please contact us at (609) 789-0779. Mr. Oliver has been perfecting expungements in New Jersey, in towns like Hamilton, Lawrence, Princeton, Trenton, Robbinsville, West Windsor, East Windsor, Ewing and Hightstown for years. He has even lectured on the subject at the New Jersey State Bar Association. Here is a breakdown of the expungement statute in New Jersey. Please click the following link below that relates to your situation or if you’d like to contact us directly, we can give you a free initial consultation.
How Long Do I Have To Wait For an Expungement in NJ?
As touched upon earlier, the expungement laws in New Jersey can be extremely complicated at times. Under most scenarios, the individual will need to satisfy a number of conditions before they could even become eligible for an expungement. The main condition is the waiting period. The specific waiting period that must be satisfied will vary depending the specific subsection that the expungement is filed pursuant too. Please see below for the specific waiting periods.
In addition, there are different standards of review depending on the “waiting period” that the individual will be seeking to file their expungement under. If the individual is seeking to file the petition under what is referred to as the “early pathway” exception, then they must provide “compelling reasons”. If the Judge concludes that compelling reasons exists to grant the expungement then the individual would be entitled to having their record expunged a year earlier.
Different Types of Crimes that Can Be Expunged in NJ
- Arrests not Resulting in Convictions
- No Waiting Period
- Township Ordinances
- Two Year Waiting Period
- Diversionary Programs
- Six Month Waiting Period
- Disorderly Persons Offense
- Early Pathway
- Five Year Waiting Period / Three if Compelling Reasons Exists
- Early Pathway
- Indictable (Felony) Offenses
- Early Pathway
- Five Year Waiting Period / Four if Compelling Reasons Exists
- Early Pathway
- Youthful Drug Offenders
Can I Expunge a DWI in New Jersey?
Unfortunately, traffic offenses are not considered expungable offenses. Only indictable offenses, disorderly persons offenses, borough ordinances, arrests not resulting in a conviction and diversionary programs will be expungable. All traffic offenses, including DUI’s will remain on an individual’s drivers abstract forever.
Will I Be Able to Apply for a Firearms Purchaser’s ID Card if I Expunge My Record?
Although securing an expungement will certain allow for an individual to file for a firearms purchaser’s identification card (FPIC), it does not automatically mean that they will be granted the FPIC. The Chief of Police of the town where the FPIC is requested has the ability to look to expunged records when determining whether the individual is fit to be granted an FPIC.
What Happens Once I get my Record Expunged in New Jersey?
If an individual is successful in petitioning the Superior Court to expunge their criminal history they will be able to act as if the incident never occurred. For example, if they are filling out a job or college application they can legal answer “NO” when they are asked “Have you ever been arrested or convicted of a crime”. With that being said, the Courts and other comparable agencies will still be able to see the arrest and/or conviction but they will not be able to use them negatively against you unless a motion is granted to unseal expunged records.
Help Erase Your Criminal Record – Mercer County NJ Attorneys
The attorneys at Proetta, Oliver & Fay are experienced Mercer County criminal defense attorneys. Our office has been perfecting expungements for clients for years now. If you or a loved one has a criminal conviction, whether it be simple assault, stalking, burglary, trespassing, heroin possession or marijuana distribution, we can help. Our office serves all of New Jersey including the following counties: Mercer County, Monmouth County, Burlington County, Atlantic County and Camden County. If you would like to schedule a free consultation today please contact us at (609) 789-0779 or even email us. Do not let a criminal conviction linger around.