Monmouth County Criminal Defense Lawyer Blog
New Jersey law pertaining to expungements is found under N.J.S.A. 2C:52-1 through N.J.S.A. 2C:52-32. If a person is eligible for an expungement, it is important to meet with an experienced criminal defense attorney who has experience in filing a Petition for Expungement. There are very specific guidelines that must be following when filing a Petition for Expungement, and unless all documents are prepared and filed properly and then sent to the proper law enforcement agencies, the Petition will be denied.
If the Petition is granted by the Judge, any record of law enforcement taking you into custody as a conviction, juvenile, adjudication of delinquency, disposition and other related court proceedings will be removed from any type of record. This means that if you are applying for a job and a criminal search is conducted, an expungement will ensure the removal of all records within any court, law enforcement, criminal justice agency or juvenile justice agency concerning an arrest, detention, disposition of an offense within the criminal or juvenile justice system.
It is important that an experienced New Jersey criminal defense attorney prepares and files a Petition for Expungement. This Petition for Expungement needs to be filed within the county where the arrest or prosecution occurred. A Superior Court Judge then decides whether the person should be granted an Expungement Order. The Prosecutor can take an opposing position to the granting of the expungement, and then the matter will then be heard before the Superior Court Judge for oral argument.
Since it is often difficult finding a job in these difficult economic times, it is imperative to file a Petition for Expungement if you are eligible.