Union County Expungement Lawyers

Most of us have some skeletons in our closets we would like to erase. The good news is that you can erase many of those prior convictions. New Jersey expungement laws allow you to clear your past criminal record, but only if the application is filed correctly and on time. You may be seeking an expungement because you are considering becoming a teacher, police officer, EMT, or working in a hospital. Maybe you want a CDL to work as a delivery driver, or you are simply trying to get into a good college, but your criminal record is holding you back. In any case, our seasoned Union County criminal defense lawyers are here to help you get the expungement you need to move on with your life. Contact us today.

What Is the Expungement Process?

New Jersey statute N.J.S.A. 2C:52 governs expungements and allows individuals to file for the removal of certain crimes and offenses. However, not everyone qualifies. Certain crimes, offenses, and traffic matters, such as DUI, cannot be expunged.

Filing for an expungement requires following a specific legal process. Contact The Mark Law Firm to learn how we can help guide you through it. When you meet with our team, we will need documents such as your arrest record and any paperwork related to the offense you wish to expunge.

Once we have this information, we will begin preparing your expungement petition and have you sign an affidavit.

Our firm will then file the petition with the Court and provide notice to the New Jersey State Police, the Attorney General’s Office, the County Prosecutor’s Office, the local police department, and, in some cases, the victim. Once all parties are notified, the court may schedule a hearing if there are objections to your application. The prosecutor will have an opportunity to respond—either challenging the expungement or taking no position. If there are no objections, the expungement is typically approved.

Once the Court signs the Order, notice is again sent to the appropriate agencies, which must then remove and isolate your records from public access. Most importantly, once your expungement is finalized, you have the legal right to answer questions about your criminal history as “no.”

Who Qualifies for an Expungement?

The short answer is: it depends. Eligibility is based on the type of offense—whether it was an indictable offense, a disorderly persons offense, or a municipal ordinance violation.

Some individuals with criminal convictions may qualify for expungement. However, certain offenses can never be expunged, including homicide, kidnapping, aggravated sexual assault, aggravated sexual contact of a minor, false imprisonment, arson, endangering the welfare of a child, selling child pornography, perjury, false swearing, most drug distribution offenses, and traffic offenses.

Additionally, while some crimes may be eligible, having prior expungements or multiple convictions can make the process significantly more complicated.

When Can I File for an Expungement?

The timing for filing an expungement depends on when your case was fully resolved.

• Indictable offenses: You must wait at least 10 years from the date of conviction, completion of probation, release from incarceration, and payment of all fines—whichever is later. This waiting period may be reduced in cases involving “exceptional circumstances.”
• Disorderly persons offenses: If you have between one and three convictions, you must wait five (5) years. If you have four or more, you are not eligible.
• Municipal ordinance violations: If the sentence was less than 90 days or a $200 fine, you must wait two (2) years. You also cannot have four or more ordinance violations.
• Arrests without conviction: These can be expunged at any time. Many people assume that dismissed charges disappear automatically, but the arrest remains on your record unless it is formally expunged.

What Kind of Crimes Can Be Expunged?

Most offenses can be expunged, with the exception of serious crimes such as homicide, kidnapping, aggravated sexual assault, crimes involving minors, perjury, and certain drug offenses, as well as traffic violations.

Pre-Trial Intervention (PTI)

If you have been arrested for an indictable offense—such as assault, drug offenses, or theft—you may be eligible for Pre-Trial Intervention (PTI). PTI is a diversionary program that functions like conditional probation.

If you successfully complete PTI, it is as though the arrest never occurred. After completion, you may apply for an expungement after six (6) months. N.J.S.A. 2C:52-6 allows for the expungement of arrests following successful completion of a diversionary program.

Special Considerations

• DWI: A DWI is considered a traffic offense and cannot be expunged.
• Ordinance violations: If you were charged with a local ordinance violation—such as disturbing the peace—you may be eligible for expungement. Under N.J.S.A. 2C:52-4, you can expunge a municipal ordinance conviction after two (2) years, provided you meet eligibility requirements and do not have disqualifying prior convictions.

How Long Does an Expungement Take?

The timeline for an expungement varies depending on factors such as the nature of the offense, whether there are objections, and your overall record.

In our experience, a typical petty disorderly persons offense takes approximately 3 to 6 months for the Court to sign the expungement order.

Contact Our Expungement Lawyers in Union County, NJ

If you’re seeking an expungement, our lawyers are here to help guide you through the process. Contact the Union County expungement lawyers at The Mark Law Firm for a free initial consultation today.