William A ProettaReviewsout of 30 reviews
Keith G OliverReviewsout of 55 reviews

Union County

Criminal Defense Lawyer

Our Law Firm Has Successfully Handled Thousands of Criminal, DWI, and Municipal Court Charges Throughout Union County and New Jersey

– William A. Proetta

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Cranford Office

(908) 838-0150

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New Jersey Expungement of Indictable Offenses

A felony conviction on your permanent record is an automatic red flag for any one who does a background. It can most definitely hinder you from being able to get a good job or get into the school of your choice. This is why it is no surprise that the majority of clients that contact us are people looking to expunge a past felony convictions or arrest. If your case was handled in a Superior Court in New Jersey, then chances are that is was an indictable crime (felony) and there is a conviction which reflects that. Expungement of felony records is possible in New Jersey but the state has imposed many restrictions which are designed to make the process much tougher and the group of potential candidates much smaller. For your convenience, we have provided a list of different indictable convictions that can be expunged from your record in New Jersey. These crimes include Possession of Marijuana, Shoplifting, Possession of Cocaine, Domestic Violence, Aggravated Assault, Credit Card Fraud, Terrorist Threats, Burglary, Resisting Arrest, Forgery, Receiving Stolen Property, Theft, Robbery, Intent to Distribute Drugs, Criminal Mischief, Stalking, Trespassing, Conspiracy, possession of a weapon, vehicular homicide, false imprisonment, insurance fraud, prostitution, underage gambling, violation of a restraining order, lewdness, indecent exposure, and bribery. At Proetta & Oliver, we will look over your record to assess your eligibility, gather all the necessary documentation, and file a petition with the court and necessary departments across the state to help ensure a smooth and fast expungement proceeding. Contact our office today at (908) 838-0150 to speak with an experienced attorney during a free initial consultation.

Expunging Felony Convictions in New Jersey

In most cases a person who has been convicted of a felony in New Jersey can get an expungement for that conviction as long as they have not been convicted of a prior or subsequent felony or convicted of three disorderly persons. According to 2C:52-2 the eligibility or waiting period is 10 years, which runs from the date of your conviction, payment of fine, satisfactory completion of probation or parole, or release from incarceration – whichever is last. However, under certain exceptions you can be eligible for an early expungement of a felony after only a 5 year waiting period if you can show it is in the interest of justice. A prior felony conviction or three or more subsequent disorderly convictions will not be an absolute bar to a grant of expungement, but the court will look at the nature of these convictions and the circumstances surrounding them. If the court finds that the other convictions constitute a continuation of the type of unlawful activity for which expungement is sought then the court will most likely deny the expungement. However, as a rule of thumb if you have more than one (1) felony on your record you will be barred from an expungement. After assessing your edibility, our law firm will file the expungement petition with the Superior Court in the county in which the conviction took place and seek to have the conviction and all records and information pertaining to the charge expunged.

Crimes that Can Not Be Expunged in New Jersey

 

    Crimes Which Expungement is Not Allowed
  • Murder
  • Manslaughter
  • Drug Distribution
  • Kidnapping
  • Rape
  • Arson
  • Robbery
  • Sexual Assault
  • Endangering Welfare of Child
  • Perjury
  • Treason

 

 

Exception – Convictions for distribution or intent distribute to a controlled dangerous substance will be normally be denied except where the defendant, was convicted of distribution or intent to distribute a quantity of marijuana equal to or less than 25 grams or 5 grams of hashish.