Early Pathway Expungements in New Jersey
Uploaded on: Jun 13, 2022
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Duration: 15 Min

Video Description

Having a criminal record makes your life harder in many ways, whether it’s finding a job, housing, credit, or other opportunities. While New Jersey allows people to expunge their records, the waiting period for a standard expungement is long: five years after completion of a sentence for misdemeanors and ten years for felonies.

Fortunately, there’s a way to get an expungement sooner: the Early Pathway Expungement.

HOW DOES THE EARLY PATHWAY EXPUNGEMENT DIFFER FROM A REGULAR EXPUNGEMENT?

Both types of expungement will clear a person’s criminal record, but the criteria for getting them are different. In a regular expungement, a person is presumptively entitled to the expungement, meaning it can only be denied if there’s a specific reason. 

That means the burden is on the applicant to prove it should be granted, not on a prosecutor to prove it should be denied. To prove expungement is in the public interest, you’ll need to show your behavior and accomplishments make you less likely to reoffend. Usually, this means things like proof of education, job training, participation in the community, and letters of support from others. It also helps if you can show your record is making it harder for you to reintegrate into society.

HOW DO I GET AN EARLY PATHWAY EXPUNGEMENT?

To get an early pathway expungement, you’ll need to file a petition with a judge. Unlike a regular expungement, a prosecutor is likely to challenge your petition, so you’ll probably have a hearing in front of a judge. Your chances are much better if you have a lawyer write your petition and argue on your behalf to the judge. Prosecutors know what kinds of arguments will persuade a judge to reject your application, so you don’t want to face them without an experienced lawyer of your own. A good lawyer can analyze the specifics of your conviction to find mitigating factors and emphasize the parts of your life that show why you deserve the expungement.

WHAT SHOULD I DO IF I WANT AN EARLY PATHWAY EXPUNGEMENT?

If you have a criminal record and are interested in an early pathway expungement, contact Rosenblum Law for a free consultation. Our criminal defense attorneys have a lot of experience with expungements, and we know the best strategies to help you get your life back on track.

An early pathway expungement has shorter waiting periods (five years for a felony, three for a misdemeanor), but the applicant needs to show the expungement is in the public interest.

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