Change Your Life Now! Clean Up Your Record
The question in an application that asks if you are a convicted felon is very intimidating. A lot of times, your felony charge resulted from a stupid mistake that you regret. However, there is a process available to most people that can wipe your record clean. An expungement is a very lengthy and tedious process, but with a New Jersey DWI attorney, it can be easy.
Who is Eligible and When?
The only charges that cannot expunge are those more serious such as murder, kidnapping, or robbery. Juvenile Adjudication, Petty Disorderly Persons Offense (misdemeanor), Disorderly Persons Offense, and Felony Crimes must wait five years to file for an expungement. Municipal Ordinance must wait two years after conviction. For those who are under 21 with a Young Drug Offender charge, they can try to have the record expunged after one year. If you choose the diversion program path, you may try six months after you have completed the program. A lot of people do not know that in April 2016, the expungement laws changed for those people to have their cases dismissed. On the day of dismissal, you and your attorney may request an expungement. If you are not sure if you qualify, go to an attorney to look at your records and discuss what your choices are.
How to Get an Expungement
This process must be flawless or you will not receive an expungement order. You can choose to use an attorney to help with this process or do it yourself. The forms you need are available online at www.nj.gov/corrections where you may print the documents off and fill them out. After completion, you must send it to the county courthouse. The processing time is usually around six to seven weeks. When you do receive the forms back they will have filed and assigned a docket number. Next, you will need to then make copies and send it to every department (police, probation, attorney general, etc.) that was involved with any of your charges. You cannot forget to use a certified mail receipt when sending and requesting a return receipt. The receipts are to prove that you did mail it to them and that they did receive it. The court will hold an expungement hearing, and if nobody objects the judge will grant your expungement. You must mail out the expungement form to all the same departments prior to the process. Your forms will be received by the departments and they will set them aside in a secluded place.
With this being such a precise process, hiring an attorney will help you correctly do it the first time. Your attorney will also know all the laws and “what ifs” about an expungement. An expungement can potentially help secure employment and grant admission to a certain school. The expungement will allow you to click “No” to the criminal felony question on those future employee applications.