Totowa NJ Felony Expungement Lawyer
Expungement Attorney in Passaic County, New Jersey
If you have been arrested, charged, and convicted of a felony/indictable offense – such as burglary, aggravated assault, or a drug (CDS) offense, the entire incident (arrest through conviction, if any) will appear on your criminal record, regardless of the outcome. A felony/indictable conviction can have a serious effect on your ability to live a normal life. You may lose job opportunities, educational opportunities, or be prevented from engaging in certain activities involving children.
Under certain circumstances, you may be eligible for an Expungement, which, if granted, will remove the entire incident from your criminal record. Criminal defense attorney Alissa D. Hascup represents clients throughout New Jersey who are seeking an Expungement. Hiring Ms. Hascup will ensure that your Expungement Application is submitted, argued and resolved as efficiently as possible. Contact her office anytime for an initial consultation, which is always provided free of charge.
Expungement of a Felony/Indictable Offense in New Jersey: N.J.S.A. 2C:52-2
Expungement Felony/Indictable Offense is governed by N.J.S.A. 2C:52-2 which provides:
a. In all cases, except as herein provided, wherein a person has been convicted of a crime under the laws of this State and who has not been convicted of any prior or subsequent crime, whether within this State or any other jurisdiction, and has not been adjudged a disorderly person or petty disorderly person on more than two occasions may, after the expiration of a period of 6 years from the date of his conviction, payment of fine, satisfactory completion of probation or parole, or release from incarceration, whichever is later, present a duly verified petition to the Superior Court in the county in which the conviction was entered praying that such conviction and all records and information pertaining thereto be expunged.
Notwithstanding the provisions of the preceding paragraph, a petition may be filed and presented, and the court may grant an expungement pursuant to this section, although less than 6 years has expired in accordance with the requirements of the preceding paragraph where the court finds:
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- less than 6 years has expired from the satisfaction of a fine, but the 6-year time requirement is otherwise satisfied, and the court finds that the person substantially complied with any payment plan ordered or could not do so due to compelling circumstances affecting his ability to satisfy the fine; or
- at least 5 years has expired from the date of his conviction, payment of fine, satisfactory completion of probation or parole, or release from incarceration, whichever is later; the person has not been convicted of a crime, disorderly persons offense, or petty disorderly persons offense since the time of the conviction; and the court finds in its discretion that expungement is in the public interest, giving due consideration to the nature of the offense, and the applicant s character and conduct since conviction.
In determining whether compelling circumstances exist for the purposes of paragraph (1) of this subsection, a court may consider the amount of the fine or fines imposed, the person s age at the time of the offense, the person s financial condition and other relevant circumstances regarding the person s ability to pay.
Although subsequent convictions for no more than two disorderly or petty disorderly offenses shall not be an absolute bar to relief, the nature of those conviction or convictions and the circumstances surrounding them shall be considered by the court and may be a basis for denial of relief if they or either of them constitute a continuation of the type of unlawful activity embodied in the criminal conviction for which expungement is sought.
Crimes that Cannot be Expunged in New Jersey
b. Records of conviction pursuant to statutes repealed by this Code for the crimes of Murder, Manslaughter, Treason, Anarchy, Kidnapping, Rape, Forcible Sodomy, Arson, Perjury, False Swearing, Robbery, Embracery, or a conspiracy or any attempt to commit any of the foregoing, or aiding, assisting or concealing persons accused of the foregoing crimes, shall not be expunged.
Records of conviction for the following crimes specified in the New Jersey Code of Criminal Justice shall not be subject to expungement:
- Murder (except Death by Auto)
- Kidnapping
- Luring or Enticing
- Human Trafficking
- Aggravated Sexual Assault
- Aggravated Criminal Sexual Contact
- Criminal Sexual Contact, if the victim is a minor
- Criminal Restraint or False Imprisonment, if the victim is a minor and the offender is not the parent of the victim
- Robbery
- Arson and Related Offenses
- Endangering the Welfare of a Child (by engaging in sexual conduct which would impair or debauch the morals of the child)
- Endangering the Welfare of a Child (causing or permitting a child to engage in a prohibited sexual act)
- Selling or Manufacturing Child Pornography
- Perjury
- False Swearing
- Knowingly Promoting the Prostitution of One s Child
- Terrorism
- Producing or Possessing Chemical Weapons, Biological Agents or Nuclear or Radiological Devices
- Conspiracies or attempts to commit any of the above crimes
Records of conviction for any crime committed by a person holding any public office, position or employment, elective or appointive, under the government of this State or any agency or political subdivision thereof and any conspiracy or attempt to commit such a crime shall not be subject to expungement if the crime involved or touched such office, position or employment.
c. In the case of conviction for the sale or distribution of a controlled dangerous substance or possession thereof with intent to sell, expungement shall be denied except where the crimes involve:
Marijuana, where the total quantity sold, distributed or possessed with intent to sell was less than one ounce;
Hashish, where the total quantity sold, distributed or possessed with intent to sell was five grams or less; or
Any controlled dangerous substance provided that the conviction is of the third or fourth degree, where the court finds that expungement is consistent with the public interest, giving due consideration to the nature of the offense and the petitioner s character and conduct since conviction.
d. In the case of a State licensed physician or podiatrist convicted of an offense involving drugs or alcohol, the court shall notify the State Board of Medical Examiners upon receipt of a petition for expungement of the conviction and records and information pertaining thereto.
Conditions for Expungement of Indictable (Felony) Charge
In order to expunge an indictable criminal charge from your record, the following conditions must be met:
- You only have 1 indictable charge on your record (which is eligible for expungement);
- You have less than 4 disorderly persons offenses ( DPs ) on your record; and
- At least 5 years have passed since you finished probation, were released from jail, paid your fines, or were convicted of the offense (whichever is later).
Contact a Denville NJ Felony Expungement Attorney for a Free Consultation
An Expungement can improve your life. If you meet the above requirements, you are eligible for an expungement of your felony/indictable record. Contact Alissa Hascup for assistance. Ms. Hascup can be reached anytime at 862-257-1200, or simply fill out the online contact form to schedule a free consultation about your case.
