More than 70 million people in the United States have a criminal record. As a result, the hardships they endure can be numerous. A criminal record can follow someone long after they’ve finished their sentence – affecting the person’s job opportunities, finances, education, and housing.
One legal option to explore for those with a criminal record is an expungement, which allows the person to clean their slate and move on with all aspects of their life. Expungement procedures in New Jersey allow certain criminal records to be sealed or isolated from public view. However, the backlog of requests and waiting periods in New Jersey is causing the current process to be lengthy.
Filing for an Expungement in New Jersey
Before applying for an expungement, the convicted individual must finish their sentence and pay any fines related to the conviction. After this is complete, there is a waiting period before a person can apply. The waiting period will vary depending on the offense, with some convictions carrying a waiting period of up to ten years.
When a criminal record is eligible for expungement, New Jersey offers two types of expungement filing options:
- Paper filing
- Electronic filing
It is best to consult with an attorney when starting the expungement process to avoid rejection due to mistakes.
Expungement Delays in New Jersey
A process that once took a year to complete now takes an average of 2 – 2½ years. This delay is caused by a backlog of requests attributed to COVID-19 and the New Jersey State Police.
With all aspects of court operations being affected by the pandemic, courts have had difficulty keeping up with the influx of expungement requests in the aftermath. The New Jersey State Police (NJSP) is responsible for conducting the background check required for an expungement and ensuring criminal records are entirely disclosed. In addition, once an expungement is granted, the NJSP will remove the information from the person’s records. Unfortunately, it is taking the courts a year to grant an expungement and then another year for the NJSP to remove the records.
Expediting Expungements in New Jersey
Expungements are a complicated process. While there is no official way to expedite the process, there are things that the person seeking expungement can do to make the process more efficient.
Hire an Experienced Attorney
Don’t go through it alone. Hiring an experienced attorney will help the person applying for an expungement avoid errors that cause delays and outright rejection. In addition, an attorney can act as a liaison between the person seeking expungement and the courts, and can follow up on their behalf.
Obtain Criminal Records
Your attorney will need an official court record regarding the offense before filing a petition for an expungement. Although one will be requested, receiving the information from the courts can take a few days to a week. If the person can visit the court in person, they will usually be able to obtain a physical copy on the spot. Therefore, getting a copy of the criminal records is a significant first step to expediting the process.
Ensure Criminal Records are Accurate
Accurate information must be provided to the attorney working on the expungement case to avoid additional delays. If the courts find information not disclosed, the expungement will be denied, and the whole process will need to be repeated. Therefore, the person’s criminal record must be completely disclosed, including all minor offenses.
Who Should I Contact?
If you or a loved one want to expunge information from your criminal record, don’t wait to contact an attorney to help you through the complicated process. The attorneys at Rosenblum Law have decades of combined experience assisting clients in navigating the expungement process and are committed to making the process as quick, simple, and painless as possible. Call 888-815-3649 today for a free consultation.
FAQ
What are the benefits of an expungement?
An expungement is a good option for those looking to clean their slate and put the past behind them. Being granted an expungement opens the door for job opportunities, gun ownership, housing, financial opportunities, and a better way of life.
How long is the expungement process taking in New Jersey?
Due to the current delay caused by backlogs, the expungement process is taking up to 3 years in New Jersey. However, depending on the individual case, this could be longer or shorter.
Can I pay a fee to expedite an expungement in New Jersey?
There is no official way to expedite an expungement in New Jersey. The best thing you can do is reach out to an experienced expungement attorney for assistance to avoid unnecessary delays.
Sources:
Fields, G., & Emshwiller, J. R. (2014, August 19). As Arrest Records Rise, Americans Find Consequences Can Last a Lifetime. WSJ.
Rosenblum, A. (2022, July 11). How to file for an expungement in New Jersey. Rosenblum Law. Retrieved March 16, 2023.