What is the Expungement Process?
New Jersey statute NJSA 2C:52 deals with expungements, and allows for you to file for an expungement of certain crimes and offenses. Not everyone is able to obtain an expungement because certain crimes and offenses, and traffic matters, such as DUI within the state cannot be expunged.
You need to follow the process of filing for an expungement. Contact The Mark Law Firm to learn more about how we can help you. When you meet with one of our attorneys, we will need some documents from you, such as your arrest record, and any documents from the crime you want to expunge. Once we have this information, we will start the process by putting together a complaint and have you sign an affidavit.
The firm will then continue the process by sending the petition for expungement to the Court, and then provide notice to the State Police, Attorney General’s office, County Prosecutor’s office, local Police Agency, and even the victim of the crime. Once all parties are on notice, the court may schedule a hearing if there is any objection to your application. The prosecutor’s office from the County will have an opportunity to comment where it either challenges the expungement or takes no position. If there is no objection, typically the expungement will be approved.
Once the Order is approved by the Court, notice is once again provided to the agencies, and those agencies must remove and isolate your records from the public. More importantly, once your expungment is finalized, you have the legal right to answer any question about your criminal history as “no,” meaning you do not have a criminal history.