Expungement

Expungement: Getting a Fresh Start and Putting Your Past in the Past

An expungement is the legal process to isolate and remove your criminal records on file within the court, police department, prosecutor’s office, probation department, and sheriff’s department.  An expungement forever erases an arrest, conviction or dismissal of an offense within the criminal justice system or juvenile justice system.

The Lawyers at DeMichele and DeMichele are experienced expungement lawyers. Our clients typically want to remove and expunge criminal records involving an adult arrest, juvenile records, felony arrests, misdemeanor arrests, disorderly persons offenses, petty disorderly person offense, criminal charges, criminal convictions, crimes, offenses, deferred dispositions, dismissals, dismissed cases, pretrial intervention program records, PTI records, and Conditional Discharge records.

The first step in this process is to determine if the criminal record can be erased, cleared, sealed, removed, and expunged under the law. An expungement order can make the difference in obtaining employment.  Obtaining an expungement order can also help with adoption and the purchase of a firearm.

When an order for expungement is granted, the arrest, conviction or dismissal, adjudication of juvenile delinquency, disposition, and any related proceedings are considered not to have occurred and you can state so under oath. An expungement is the legal equivalent of a “fresh start”.

While not all offenses are expungeable, many are, including most petty disorderly, disorderly offenses and many indictable offenses.  Some examples of non-expugnable offenses include:

Criminal Homicide (NJSA 2C:11-1), except death by auto

Luring or Enticing (NJSA 2C:13-6);

Human Trafficking (NJSA 2C:13-8);

Aggravated Sexual Assault (NJSA 2C:14-2);

Aggravated Criminal Sexual Contact (NJSA 2C:14-3a);

Criminal Sexual Contact (NJSA 2C:14-3b);

Criminal Restraint (NJSA 2C:13-2);

False Imprisonment (NJSA 2C:13-3);

Robbery (NJSA 2C:15-1);

Arson and Related Offenses (NJSA 2C:17-1);

Endangering the welfare of a child (NJSA 2C:24-4b(4));

Causing or permitting a child to engage in a prohibited sexual act (NJSA 2C:24-4b. (3));

Selling or manufacturing child pornography (NJSA 2C:24-4b.(5)(a));

Perjury (NJSA 2C:28-1);

Knowingly promoting the prostitution of the actor’s child (NJSA 2C:34-1b.(4));

Terrorism (NJSA 2C:38-2);

If you or a loved one has a criminal past that is holding you back we may be able to help. Contact the New Jersey Expungement Lawyers at DeMichele and DeMichele at 856-546-1350 for a free and confidential consultation. We offer fixed and flat fees for our services. We except Visa and MasterCard and payment plans are available.

Copyright © 2012 -- DeMichele & DeMichele, P.C.

The material presented on this web site is intended for general information purposes only and is not offered, nor should be construed, as legal advice on any specific matter or circumstance. Transmission and receipt of information contained on this web site does not create an attorney-client relationship between the user and our law firm. Only an express written agreement between the user and our law firm can create an attorney-client relationship. No user should act, or refrain from acting, based on any information contained on this web site, without first seeking appropriate legal or other professional advice on the particular facts and circumstances at issue.