Expungement of criminal arrest NJ

ERASE/ EXPUNGEMENT OF ARRESTS AND CONVICTIONS TO AVOID
EMBARRASSMENT AND DISCLOSURE                         

 
by KENNETH A. VERCAMMEN, ESQ.

          If someone has been
arrested or even had a private criminal complaint signed against them in the
Municipal Court, they have a criminal record, even if the charges were
dismissed.  

         Under NJSA 2C:52-1 et seq. past criminal arrests and
convictions can be expunged/ erased under certain instances. We always
recommend individuals hire an attorney to obtain an expungement. The process
for all expungements are held in the Superior Court. It takes a minimum of
three months for the court to grant the expungement.  The requirements are very formal. There can
be a waiting period between 6 months up to 10 years after the criminal cases is
finished. More info at http://www.njlaws.com/expungement.html

         When retaining the attorney, obtain a "certified
disposition" of the court's decision, from the Court itself.  Court costs and Legal fees for expungement
range from $1,500-  $2,500.

         Thousands
of citizens over the past 30 years have been arrested for criminal, disorderly,
and municipal ordinance offenses.   The
courts and police must keep a record of all arrests and convictions, even if 30
years old.  These "secrets of the
past" could be open to anyone including credit agencies.  Under one proposal, for a $15.00 fee, someone
could ask the state police for a person's criminal record, even arrests with
not guilty findings.  Allowing access to
a person's old criminal conviction or arrest record could open the door for
discrimination or job loss against someone who now is a productive, respected,
and law abiding citizen. Many employers often do a criminal background check on
new and promoted employees.

     Fortunately, if you are a law abiding
citizen, you can now have old arrests or most convictions erased from public
records and police folders. Under NJSA 2C:52-1 et seq. past criminal arrests
and convictions can be expunged/ erased under certain instances. 

Waiting periods

         If you were convicted or pleaded guilty to a disorderly
person offense (misdemeanor type) more than 5 years ago, and have not been
convicted of anything since, you can have your attorney petition to the
Superior Court for an Expungement (Erase and removal) of your criminal
record.  The waiting period starts from
the full payment of fines, completion of probation or other requirements,
whichever finishes latest.

         If you plead guilty to a town ordinance (ex. - Seaside
Heights Drinking in Public) you can petition for an Expungement after waiting two
years.  A Juvenile delinquent/guilty
finding for a minor can also be expunged/erased under similar
circumstances.  In addition, minor drug
arrests which resulted in first offender conditional discharge can be erased
after 6 months has passed since termination of probation or conclusion of court
proceedings.

     Most importantly, arrests on frivolous
complaints which did not result in a conviction or if charges were dismissed,
can be expunged, without waiting.

         The waiting period on an indictable charge [guilty plea in
Superior Court] is 10 years. [There is a new hardship provision to apply for
expungement 5 years after probation is up. Speak with an experienced attorney]

         The following criminal offenses are some of the typical

offenses individuals can
petition for expungement:

      

         Alcohol Underage                            2C:33-15

         Arson                                             2C:17-1

         Assault                                           2C:12-1

         Bad Check                                       2C:21-5

         Burglary                                         2C:18-2

         Conspiracy                                      2C:5-2

         Criminal Mischief                             2C:17-3

         Criminal Trespass                           2C:18-3

         Disorderly Conduct                          2C:33-2

         Drug  Paraphernalia                         2C:36-1

         False / Fraud Instrument                2C:21-3

         Harassment                                    2C:33-4

         Hindering Apprehension                   2C:29-3

         Lewdness / Criminal Contact           2C:14-4

         Obstructing Admin. of Law              2C:29-1

         Possession Drugs                            2C:35-10

         Prohibited Weapons                         2C:39-3

         Prostitution                                    2C:34-1

         Receiving Stolen Property               2C:20-7

         Resisting Arrest                             2C:29-2

         Shoplifting                                      2C:20-11

         Stalking                                          2C:12-10

         Terroristic Threats                         2C:12-3

         Theft by Deception                         2C:20-4

         Theft of Services                           2C:20-8

         Theft Unlawful Taking                     2C:20-3

         Wandering                                       2C:33-2.1

         Weapon Unlawful Purpose                2C:39-4

                            THE
EXPUNGEMENT PETITION

           You should contact
an attorney experienced with handling expungements.  The Expungement Petition is filed in the
county where the offense took place, not where the defendant lives. The
petition is filed not in the Municipal Court but in the Superior Court. Once
filed, the Superior Court will set a hearing within 35-60 days. Your attorney
will prepare an Expungement Petition which under state law must contain
substantial background information, including:

         a.  Date of Birth and
Social Security #

         b.  Date of Arrest

         c.  Statute Arrested
For and Statute Convicted

         d.  Original
Indictment, Summons, or Complaint Number

         e.  Petitioner's Date
of Conviction or Date of Disposition

         f.  Court's
Disposition of the Matter and Punishment Adopted, if Any

         In addition, the Expungement Petition must have an affidavit
that states that there are no charges pending and that the petitioner never
previously received a prior expungement.

          As required under the
statute, the attorney for the applicant must serve a copy of the Petition Order
for hearing and supporting documents on the following people:  1.) 
Superintendent of State Police 
2.)  Attorney General  3.) 
County Prosecutor of the county where the court is located  4.) 
The Chief of Police where the event took place  5.) 
The chief law enforcement officer of any other law enforcement agency
which participated in the arrest  6.)  The warden of any institution where the
petitioner was confined  7.) the
Municipal Court if the disposition was made by a municipal court, 8 County
Sheriff if they took fingerprints.

     If you satisfy all other statutory
requirements and there is no objection by the entities notified, the court will
usually grant an order directing the Clerk of the Court and all relevant
criminal justice and law enforcement agencies to expunge (remove) records of
said disposition including evidence of arrest, detention, conviction, and
proceedings.

     There are additional pleadings which the
applicant's attorney must prepare and file. 
If you have an old offense, it is important that you have the arrest
expunged to keep your name and record clean. All criminal charges, even if
dismissed, stay on your record forever, unless the expungement order is granted
by a Superior Court Judge.

Expungement Services to Apply to Remove/Erase
Criminal Arrests and Convictions/ Retainer for Legal Services

 $1,900 if paid within 7 days    ________________________

Credit card or
Check payable to Vercammen PC.

[Fee is less
if we handled case previously]

Also you need to provide a separate
check or money order for court fees:

 -Check for $75.00 payable, Treasurer, State of NJ

-Check payable  Postmaster Edison $70.00 for certified
mail

This cannot be paid by credit card.

What we will
do:

-Telephone
consultation with client;

-Office
consultation with client;

-Opening of
file and client may have free client case folder, Municipal Court brochure, MVC
Points brochure, and Website brochure;

-Review
documents supplied by client and court;

-Review of
necessary statutes and case law;

-Preparation
of VERIFIED PETITION FOR EXPUNGEMENT OF RECORD          PURSUANT
TO N.J.S.A. 2C:52-6(a)

-Preparation
of CERTIFICATION  STATEMENT TO ACCOMPANY
PETITION

         - Preparation of ORDER FOR HEARING FOR
EXPUNGEMENT PURSUANT to N.J.S.A. 2C:52-6(a)

         - Preparation of proposed ORDER FOR
EXPUNGEMENT

Prepare letter
to Client with Petition, Statement to Accompany Petition of no pending charges,
Order for Hearing, Proposed Order for Expungement

Client signs Petition Statement to Accompany Petition of no pending charges

Attorney calls Superior Court and confirm address for Expungement Unit.

We Mail to
Superior Court Expungement Unit-

                           Orig. and
one Petition

                           Statement to
Accompany Petition

                           Order for
Hearing

                           Proposed Order for
Expungement

                           2
self-addressed stamped envelopes

Follow up
Court Order for hearing (takes approx 30 days)

Expungement Services to Remove Bill   9/23/15

         Upon receipt of signed Order for
hearing, Prepare Certified Mail Green cards for documents to be served on law  enforcement and court. -

-Preparation
of letter with Order for hearing and proposed Order for Expungement to NJ
Attorney General

                       Department of Law & Public Safety

                       Expungement Section- PO Box 080

                       Trenton, NJ 08625  

        

         - Preparation of letter with Order for
hearing and proposed Order for Expungement to NJ Superintendent of State Police

                  Expungement Unit

                  River Road, PO Box 7068

                  West Trenton, NJ 08628

         - Preparation of letter with Order for
hearing and proposed Order for Expungement to County Prosecutor;

         - Preparation of letter with Order for
hearing and proposed Order for Expungement to Chief of Police;

         - Preparation of letter to client with
Order for hearing and proposed     Order
for Expungement to Municipal Court Administrator;

                 

         When all the green cert. mail cards
come in we put date mailed to Law Enforcement. on form 6 (Cert.) and mail to
Court . After receipt of all certified mail Green cards, Preparation of
CERTIFICATION OF SERVICE OF ORDER FOR HEARING

         We make copies of cert. mail green
cards and letter before mailing out original green cards to court.

        

Misc phone calls to and from client

-Call Superior Court Expungement Unit to confirm they received green
cards and no need to appear on hearing date if no objection.

If Expungement
granted and receipt of signed Order for Expungement,

         Preparation of letter with signed Order
for Expungement to:

         -NJ Attorney General by regular mail

                          Department of Law & Public Safety

         - Preparation of letter with signed
Order for Expungement to

         NJ
Superintendent of State Police

         - Preparation of letter with signed
Order for Expungement to County    Prosecutor;

         - Preparation of letter with signed
Order for Expungement to Chief of Police;

         - Preparation of letter with signed
Order for Expungement to Municipal Court Administrator; and any other public
entity requested by the court. Please note a Judicial Expungement granted by
the Superior Court Judge does not change databases set up by private entities
or credit agencies.

Preparation of End of Case Letter to client with original signed Order
for Expungement and client questionnaire.

         Please
note we do not open a file and do not handle the case until all fees are paid
in full up front.

Any other work not listed above will require additional
fees or costs.

 The client must
provide disposition or copies of complaint for all prior Municipal court criminal
charges, even criminal charges you were not arrested or fingerprinted. This is
required by the Superior Court. All charges since you were 18 years old must be
listed.

You may want to order a criminal history CCH on yourself
when the expungement is started. The fee to obtain your criminal history is
less than $75. For a Criminal History Contact www.bioapplicant.com/nj or
call Morpho Trak at 1-877-503-5981. The law office cannot obtain a criminal
history. Our Private investigator can do obtain a criminal history for you for
an extra $900.

If the expungement is granted we recommend to all clients
to send a follow up letter and copy of Order for Expungement by Certified Mail
to all above Courts and Law Enforcement so they have a copy for their records.
The Law Office can handle this for additional fee of $250. You should also
serve a copy on the credit reporting agencies.

If the Court grants the expungement petition, the NJ police
departments and NJ courts will be required to remove information from their
records. The Court order does not pertain to online private companies or websites,
which may contain old information. The Federal Government and immigration still
has access to expunged /erased records.

If there are objections to the Expungement Petition by
the Prosecutor or other entities and a hearing is required, additional fees
will apply. They fee you paid does not include appeals if the court denies your
petition.

Please fill out blank lines on your computer or by hand and email or return
to office to start Expungement, and provide check or credit card info. You need
to provide us with the Certified disposition if your prior offense was in Municipal
Court. The Certified disposition should be provided to the Superior Court. To
obtain the certified disposition, simply contact the Municipal Court. They will
charge a fee of approx $10.00.

  If you are unable or unwilling to
do this, our fee to drive to the court to obtain the Certified disposition is
an additional $300.

If your prior charge was in Superior Court, provide the Order of
Dismissal if dismissed, or Judgment of Conviction JOC if a guilty plea.

If PTI Pre-trial intervention, provide copy of Order of Dismissal.

The court-filing fee is requires a separate check. $75.00 payable, Treasurer, State of NJ

Check payable  Postmaster Edison $43.00 for certified mail

1.   
Petitioner's name is _____________. 

any
other name used___________________.

Current
address ___________________________________

CITY
_____________________________ STATE _______ ZIP __________

CELL-PHONE
___________________________________ (Area
Code Needed)

           

OTHER
PHONE-DAY __________________________ 

E-MAIL
ADDRESS ______________________________________________

REFERRED
BY: _______________________________________________

2.  Petitioner's date of birth is _______, Social
Security Number is ________

3.  Petitioner was charged  on   ________________ for violation of the
following: 

N.J.S.A. 2C:  ______________

type of
offense   _________________

Town ___________________

Summons/ Warrant/ Complaint #  ____________________

[Leave out
traffic tickets ex 39:4-49.1.   Traffic
tickets cannot be expunged]

The original
complaint number was ___________

4.  This matter was in ___________   County 
. 

5. This matter
was heard in the   ______________ Municipal Court on __________

6. On ______, I
plead guilty of the following offense: ________________________.

I was fined
_____, costs of ______ and ______.

 Or

on
________________, charges were dismissed

7. The following are all other charges against me since I was 18 year
old, even if the charge was dismissed: 
[IF NONE, WRITE NONE]

Petitioner was
charged  on   ________________ for violation of the
following: 

N.J.S.A. 2C:  ______________

type of
offense   _________________

Summons/
Warrant/ Complaint # 
____________________

Other prior
offenses:

This matter
was in ___________  County , town
______________

Disposition/
result ___________________________________

[If none,
write none]

The client must provide a written disposition to the
court for all prior criminal charges, even criminal charges you were not
arrested or fingerprinted. This is required by the Superior Court. All charges
since you were 18 years old. The Law Office can obtain the a Certified
Disposition for Municipal Court cases, or a Judgment of Conviction for Superior
Court charges at a fee of $400 per court. It is usually more cost effective for
the client to obtain the court records themselves.

Details on expungement at http://www.njlaws.com/expungement.html