Sachs Samuel Louis

Description

Expungement is a process where someone who has committed only one indictable offense in their lifetime can have their record cleared so that a criminal history does not show arrests or a conviction. An expungement can be obtained even if the defendant has a few prior disorderly person offenses. However, if there is more than one conviction on an indictable offense an expungement is not possible. Expungement is not possible for certain types of crimes. We have listed below the New Jersey Statutes that apply to expungement. Please call us so we can discuss whether or not an expungement is available in your case. Sam Sachs is a practicing New Jersey Lawyer and can help you with this matter. Also, please note that even is your were found not guilty of an offense, or received Pre-Trial Intervention (PTI), although there is no record of conviction, there is a record of arrest. Such arrest records are subject to expungement. a. Except as otherwise provided in this chapter, expungement shall mean the extraction and isolation of all records on file within any court, detention or correctional facility, law enforcement or criminal justice agency concerning a person's detection, apprehension, arrest, detention, trial or disposition of an offense within the criminal justice system.b. Expunged records shall include complaints, warrants, arrests, commitments, processing records, fingerprints, photographs, index cards, "rap sheets" and judicial docket records. 2C:52-2. Indictable offenses a. In all cases, except as herein provided, wherein a person has been convicted of a crime under the laws of this State and who has not been convicted of any prior or subsequent crime, whether within this State or any other jurisdiction, and has not been adjudged a disorderly person or petty disorderly person on more than two occasions may, after the expiration of a period of 10 years from the date of his conviction, payment of fine, satisfactory completion of probation or parole, or release from incarceration, whichever is later, present a duly verified petition as provided in section 2C:52-7 to the Superior Court in the county in which the conviction was entered praying that such conviction and all records and information pertaining thereto be expunged. Although subsequent convictions for no more than two disorderly or petty disorderly offenses shall not be an absolute bar to relief, the nature of those conviction or convictions and the circumstances surrounding them shall be considered by the court and may be a basis for denial of relief if they or either of them constitute a continuation of the type of unlawful activity embodied in the criminal conviction for which expungement is sought. b. Records of conviction pursuant to statutes repealed by this Code for the crimes of murder, manslaughter, treason, anarchy, kidnapping, rape, forcible sodomy, arson, perjury, false swearing, robbery, embracery, or a conspiracy or any attempt to commit any of the foregoing, or aiding, assisting or concealing persons accused of the foregoing crimes, shall not be expunged.

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