Expungements

Trying to move on with your life, get a better job, enroll in school, throw off the stigma of a criminal record? Schiller McMahon’s former prosecutors can handle the entire process from A-to-Z, ending the need for you to “check the box” on school or work applications.

The State of New Jersey has enacted an expungement law, pursuant to N.J.S.A. 2C:52, where, with limited exceptions, a person who has been convicted of certain crimes or offenses on a limited number of occasions, may expunge the records of said investigation, arrest, prosecution and conviction if certain conditions are met.

Mr. McMahon, while an Assistant Prosecutor, was responsible for representing the State of New Jersey in all expungement applications processed in Union County and, as such, is thoroughly trained on both the substance and procedures related to the successful application and granting of an expungement.

Time Periods for Expungements

Acquittals/Dismissal:

Generally, an arrest resulting in an acquittal or dismissal can be expunged at any time, without any waiting period.  On the other hand, a dismissal which results from a diversionary program such as PTI or a conditional discharge requires a 6 month waiting period following the successful completion of the program before the matter can be expunged.

Disorderly Persons Offenses:

A disorderly persons conviction can be expunged provided that: (i) five years have passed since the completion of the sentence, (ii) a person has no more than three total disorderly persons convictions, (iii) a person has no indictable convictions (or diversions for an indictable charge), and (iv) a person has never had a conviction expunged before.

Indictable or Felony Convictions:

An indictable conviction which is not statutorily barred can be expunged provided that (i) ten years have passed since the completion of the sentence, (ii) a person has no other indictable convictions before or since (or diversions for an indictable charge), (iii) a person has no more than two disorderly persons convictions, and (iv) a person has never had a conviction expunged before.

In certain cases, an indictable conviction can be expunged after only five years since the completion of the sentence.  Similarly, certain youthful drug offenders can also sometimes have their convictions expunged early.

If you would like to move past the stigma of a criminal record, or you are not sure if you are eligible for an expungement and would like to know, contact our experienced criminal defense attorneys at Schiller McMahon today for a free, in-person consultation.