388 Pompton Ave. Suite 8 Cedar Grove, NJ 07009
Phone: 973.812.0385
expunge your record with Benevento Law Firm LLC
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The Benevento Law Firm LLC is well-equipped to assist you with the expungement of your criminal recordin New Jersey. Expungement is a crucial legal process that can help you clear your name and move forward with a clean slate.
New Jersey Criminal Record Expungement: Get a Fresh Start
Having a criminal record can create significant barriers in life, affecting employment, housing, and educational opportunities. The Benevento Law Firm LLC understands the complexities of New Jersey's expungement laws and is dedicated to helping clients clear their criminal records and secure a brighter future.
What is Expungement?
In New Jersey, expungement refers to the extraction, sealing, impounding, or isolation of all records within any court, detention or correctional facility, law enforcement, or criminal justice agency related to a person's detection, apprehension, arrest, detention, trial, or disposition of an offense within the criminal justice system. This includes a wide range of records such as complaints, warrants, arrests, commitments, processing records, fingerprints, photographs, index cards, "rap sheets," and judicial docket records. The process is governed by Chapter 52 of the New Jersey Statutes (NJ Stat. Title 2C, Subtitle 3, Ch. 52).
Types of Records That May Be Expunged in New Jersey
New Jersey law allows for the expungement of various types of criminal records, provided certain eligibility requirements are met. Our firm can help you determine if your record qualifies for expungement, including:
- Disorderly Persons and Petty Disorderly Persons Offenses: Specific statutes address the expungement of these types of offenses.
- Indictable Offenses: The law outlines conditions under which indictable offenses may be expunged.
- Juvenile Delinquency Adjudications and Charges: Provisions exist for the expungement of juvenile records.
- Records of Young Drug Offenders: There are specific rules for expunging records related to young drug offenders.
- Ordinances: Records pertaining to municipal ordinances can also be expunged.
- Arrests Not Resulting in Conviction: If you were arrested but not convicted, those records may be eligible for expungement.
- Certain Crimes Expunged by Operation of Law: In some instances, crimes can be expunged automatically.
It is important to note that motor vehicle offenses contained in Title 39 are generally not covered by the expungement chapter.
The "Clean Slate" Law and Automated Process
New Jersey has provisions for "clean slate" expungement by petition (§ 2C:52-5.3) and an "automated 'clean slate' process" (§ 2C:52-5.4), which aim to streamline the process for eligible individuals. Our experienced team can guide you through these processes to maximize your chances of success.
Understanding the Expungement Process
The expungement process typically involves several key steps:
- Petition for Expungement: A petition must be filed in the Superior Court in the county where the petitioner resides or where one or more of the petitioner's matters were disposed of. This petition requires specific information such as the petitioner's name, date of birth and arrest, and details of the offense and disposition.
- Statements to Accompany Petition: The petition must be accompanied by statements, including affidavits, to verify information and details about prior convictions or dismissals.
- Electronic Filing: New Jersey utilizes a system to electronically file expungement applications, ensuring efficient processing.
- Hearing Schedule: Once a petition is filed, the court will typically order a hearing to be held within 35 to 60 days.
- Service of Petition and Documents: An e-filing system facilitates the service of the petition and all supporting documents to relevant parties, including the Administrative Office of the Courts, the Superintendent of State Police, the Attorney General, and the county prosecutor.
- Court-Ordered Financial Assessment: Eligibility for expungement often requires satisfaction of a "court-ordered financial assessment" or an approved payment plan. Fees for applications may also be waived under certain circumstances.
While expungement generally seals records from public access, there are specific instances where expunged records may still be used, such as for the Violent Crimes Compensation Office, supervisory treatment, bail, parole board, or departments of corrections.
Why Choose Benevento Law Firm LLC for Your Expungement?
The Benevento Law Firm LLC is an exceptional Law Firm known for practicing strategic Criminal Defense and Civil Litigation. We have substantial experience in Criminal Defense and a reputation for strongly advocating for clients throughout New Jersey.
- Experienced Litigator: Our firm has the expertise to navigate the complexities of New Jersey's expungement statutes.
- Affordable and Transparent Billing: We believe in being up-front and honest about legal fees, working with you to make our services affordable. You will always know how much you are being charged and why.
- Unparalleled Client Service: We guarantee exceptional client service. Our firm utilizes a software platform that provides clients with constant access to their attorney, documents, and important case information.
We serve clients across Passaic, Essex, Morris, Hudson, Bergen, and Sussex Counties, including towns like Cedar Grove, Little Falls, Verona, Woodland Park, Totowa, Paterson, Newark, Morristown, Clifton, Montclair, Bloomfield, Caldwell, Glen Ridge, Roseland, Wayne, Fairfield, Pompton Lakes, Pompton Plains, West Orange, Belleville, South Orange, Orange, Lyndhurst, Rutherford, Passaic, Livingston, and Essex Fells.
Contact Us Today for a Consultation
Don't let a past mistake define your future. Contact the Benevento Law Firm LLC to explore your options for expunging your criminal record. Schedule a consultation by calling us at 973.812.0385or visiting our office at 388 Pompton Ave. Suite 8, Cedar Grove, NJ 07009. Our office hours are Monday through Friday, 9:00 am to 5:00 pm.