If you are arrested in Mays Landing New Jersey, you will have a criminal record, which can haunt you for years to come. Even if you were found not guilty by a court of law, or even if the charges against you were dismissed, somewhere in the digital world, there will be a record of your arrest. Having a criminal record is a problem for many reasons. Many people struggle to find jobs with a criminal record, others find it difficult to get into schools, and still others struggle to find suitable housing for their records. Having a criminal record hanging over your head can be draining, and even if you have been a model citizen for years your record can still be a constant source of regret. Fortunately, there is a way for you to avoid losing job opportunities because of your criminal record through something known as an expungement.
If you have been arrested in Mays Landing or anywhere in New Jersey and are now interested in having your criminal record expunged, contact us today. The experienced criminal defense and expungement lawyers of the Law Firm of John J. Zarych are dedicated to fighting for people accused of or convicted of a crime. To schedule a free and confidential expungement consultation call us at (609) 625-3006 or contact us online today.
What is an Expungement?
An expungement is a legal order entered by the court to have your criminal history removed from public view. Many people believe that an expungement is only useful if they have been convicted of a crime, however, an expungement can also remove any record of an arrest, apprehension, trial, or disposition entered by the court. When the court grants an expungement, it means that all records that are on file within the court system, detention or correctional facility, criminal justice agency, or juveniles justice agency that concerns a person’s apprehension, arrest, detention, and trial will be removed from public view.
What Offenses cannot be Expunged?
While an expungement is a way for many Mays Landing residents to avoid the collateral consequences of having a criminal record, the New Jersey expungement statute does not allow all criminal activities to be expunged. Certain criminal offenses in New Jersey cannot be expunged, these include: criminal homicide, kidnapping, luring or enticing, human trafficking, aggravated sexual assault, aggravated criminal sexual contact (if the victim is a minor), criminal sexual contact (if the victim is a minor and the offender is not the parent of the victim), criminal restraint, false imprisonment, robbery, arson, endangering the welfare of a child by engaging in sexual conduct, selling or manufacturing child pornography, perjury, and false swearing. In addition to these offenses, conspiracies and attempts to commit these crimes cannot be expunged from your criminal record
Determining whether or not you qualify for an expungement is often a difficult question. IN addition to offenses that cannot be expunged, there are a host of other factors that need to be considered. For instance, it is important to discuss whether you were arrested for an offense and convicted, or if you were just arrested.
How long do you have to wait to have your Record Expunged?
Having a clean criminal history is an asset. Too many times we have clients come to us and tell us that they were denied a job because of their criminal history, and wonder how long they have to wait until they can have their record expunged.
The waiting times in New Jersey vary depending on the offense classification as well as whether or not there was a conviction. The waiting period for Mays Landing residents can vary depending on the offense, the number, and nature of the offenses, and how long ago the offense occurred.
• Felony/indictable offenses – New Jersey uses the term indictable offense, however, many people are familiar with the term felony. No matter what you call the offense if you have been convicted of an indictable offense in New Jersey you will be required to wait at least five years before your record can be expunged. Previously, New Jersey required those with a criminal record to wait ten years, however Governor Christie signed a bill in January of 2016, lowering the time from ten to five years.
• Disorderly persons offenses – if you have been convicted of a disorderly persons offenses then you will be required to wait at least three years from the date that the court mandated supervision is finalized.
• Municipal Ordinances – If you have been convicted of violating any of the Mays Landing municipal ordinances, then you will be required to wait at least two years from the date court supervision was finalized.
• Arrests with no convictions – Anytime the police formally arrests you, there will be a record of your arrest. However, many complain that even if they are not convicted of any crime, that the record of their arrest lingers on their record. However, if you have been arrested and were not convicted of any crime then you do not have to wait to have your record expunged.
As noted above, Governor Christie recently signed in part a bill that shortened the waiting time for certain offenses. Notably, indictable offenses and disorderly persons offenses now require half the waiting time as they did in the past. This is seen as a way of providing for those who currently have little chance of finding legal employment, in addition to allowing them to leave the past behind them.
Contact an Atlantic City Criminal Lawyer if You Need an Expungement in Mays Landing
Filing for an expungement is a technical process where it is easy to make an error or mistake if you are uncertain as to the next step. The experienced criminal defense and expungement lawyers of the Law Firm of John J. Zarych are dedicated to fighting for people accused of or convicted of a crime. To schedule a free and confidential expungement consultation call us at (609) 625-3006 or contact us online today.