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.
Also you need to provide a check or money order for
court fees:
Check for $52.50 payable, Treasurer, State of NJ
Check
payable Postmaster Edison $43.00 for certified mail
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
Check for $52.50 payable, Treasurer, State
of NJ
2 self-addressed stamped envelopes
Follow up Court Order for
hearing (takes approx 30 days)
Expungement Services to Remove Bill 6/23/14
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 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 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 this 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 Municipal Court to provide to the Superior
Court. If Superior Court, provide the Order of Dismissal if dismissed, or
Judgment of Conviction if a guilty plea. The court-filing fee is typically a
separate check.
1.
Petitioner's name is _____________.
any other
name used___________________.
Current
address ___________________________________
2. Petitioner's date of birth is _______, Social
Security Number is ________
3. Petitioner was charged/ arrested 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.
Kenneth Vercammen is a Litigation Attorney in Edison, NJ,
approximately 17 miles north of Princeton.
He often lectures for the American Bar Association and New
Jersey State Bar Association on personal injury, criminal / municipal court law
and practices to improve service to clients. He has published 125 articles in
national and New Jersey publications on municipal court and litigation topics.
He has served as a Special Acting Prosecutor in seven different cities and
towns in New Jersey and also successfully defended hundreds of individuals
facing Municipal Court and Criminal Court charges.
In his private practice,
he has devoted a substantial portion of his professional time to the
preparation and trial of litigated matters.
He has appeared in Courts throughout New Jersey several times each week
on many personal injury matters, Municipal Court trials, arbitration hearings
and contested administrative law hearings.
He is the Editor of website www.njlaws.com, of to the country’s
top legal websites providing information on Personal Injury, Criminal, Traffic, Wills,
Probate & Estate Law
Kenneth
Vercammen was the 2008 Municipal Court Attorney of the Year.
KENNETH VERCAMMEN & ASSOCIATES, PC
ATTORNEY AT LAW
2053 Woodbridge Ave.
Edison, NJ 08817
(Phone) 732-572-0500
(Fax)
732-572-0030
www.BeNotGuilty.com
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