Lawyers for Expungement of an Indictable Felony in South Jersey
Top-Rated Criminal Defense Lawyers Help Clients Obtain Expungement of Indictable Felony Convictions in Camden County, Burlington County and Throughout New Jersey
Conviction for an indictable felony is a serious matter—you will usually be required to serve time in jail, pay significant financial penalties and suffer damage to your personal and professional reputation. After the formal punishment is complete, however, punishment continues in the form of a criminal record. You walk away with a criminal record that must be disclosed every time you apply for a job, housing or certain government benefits.
At Gelman Law, LLC, our top-rated expungement lawyers have seen the importance of getting a clean slate firsthand. We understand the complicated eligibility requirements presented by the evolving laws governing expungement of indictable felonies in South Jersey. We are committed to remaining ahead of the curve to make sure you get the fresh start you deserve.
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Beginning June 15, 2020, a new expungement law will become effective in New Jersey. It is the second such law to be passed in recent years and, for the most part, it expands the eligibility criteria for expungement. The rules are highly complex, but may also present opportunities that were denied under the older rules. Questions to ask in order to gauge whether you may be eligible include:
- Have you been convicted of more than one indictable felony?
- Have you been convicted of a disorderly persons offense in addition to an indictable felony?
- How much time has passed?
- What type of indictable felony conviction is on your record?
To learn more about how the expungement laws apply to your specific case, call or contact the experienced expungement lawyers at Gelman Law, LLC.
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The Basics of Expungement of an Indictable Felony in Burlington County, NJ
Expungement is the legal term for the process of clearing a criminal conviction or arrest from your record. In New Jersey, not every indictable felony conviction is eligible for expungement. Generally, conviction for the following indictable felony offenses cannot be expunged from your record regardless of how much time has passed:
- Aggravated sexual assault,
- Criminal Sexual Contact,
- Endangering the welfare of a child,
- Abuse of public office.
Generally, expungement of an indictable offense in New Jersey is possible if:
- You have only been convicted of one indictable felony that is eligible for expungement (or you were convicted of multiple indictable offenses and disorderly persons offenses at the same time pursuant to the “crime spree” exception),
- You have been convicted of no more than three disorderly (or petty disorderly) persons offenses,
- You have not been convicted of any subsequent crimes or disorderly (or petty disorderly) persons offenses,
- The requisite time frame has passed (see below).
While the new law has not expanded the list of indictable felonies eligible for expungement, it has created an option to allow expungement for those with more than one indictable offense conviction. Under prior law, you would not be eligible to expunge your indictable felony conviction if you had two or more unrelated felony convictions—regardless of what type of crime was involved. Beginning June 15, 2020, under the new law, if:
- The indictable felony is eligible for expungement, and
- The requisite time periods have passed, then
- You may be eligible to have the most recent of the indictable felony convictions expunged.
However, if the most recent of the indictable felony convictions is an indictable felony that cannot be expunged, neither indictable felony is eligible for expungement even under the new rules. For some, this means that the order in which convictions occurred can be critical to determining whether either offense can be expunged.
The time period governing eligibility for expungement of an indictable offense has also been reduced, from six years to five years beginning June 15, 2020 (prior to October 1, 2018, the waiting period could be as long as ten years). The clock on the five-year window begins running after all of the following are true:
- You have completed any jail sentence,
- Your probation or parole period is over,
- You have paid all required financial penalties and otherwise completed your judicially-ordered punishment.
At Gelman Law, LLC, our criminal defense team is headed by a former Burlington County prosecutor who understands the detailed procedural requirements that must be satisfied to obtain expungement of an indictable felony.
Skilled Criminal Defense Lawyers Guide Clients Through Procedural Requirements for Obtaining Expungement of an Indictable Felony in Camden County, NJ
At Gelman Law, LLC, we have a proven track record of success both inside and outside the courtroom. The process for determining eligibility for expungement of an indictable felony in South Jersey is complex. The procedural hurdles that must be crossed to actually obtain the expungement can be even more complicated. We will:
- Obtain copies of your criminal record,
- Complete all necessary paperwork, including the petition for expungement,
- Ensure that the petition is filed with the correct entities in the correct jurisdiction,
- Advocate on your behalf if your expungement petition is challenged,
- Ensure that, once approved, the expungement is actually cleared from your record by the required agencies.
Call Gelman Law, LLC Today to Learn More About Eligibility for Expungement of an Indictable Felony in South Jersey
The rules governing eligibility for expungement of an indictable felony in South Jersey have changed significantly in recent years. If you were previously found ineligible, we invite you to call us or fill out this online contact form to determine if you may be eligible for expungement under the new rules.
Frequently Asked Questions About for Expungement of an Indictable Felony in Camden County, NJ
If at least ten years have passed since you completed punishment and you have no subsequent offenses, you may be eligible for expungement regardless of how many indictable felony convictions you had in the past. Only indictable felony convictions that are eligible for conviction qualify (in other words, crimes like homicide and sexual assault still cannot be expunged under the clean slate law). You may even be eligible under the clean slate law if you were granted an expungement in the past.
Only the most recent indictable felony can be expunged beginning June 15, 2020. The petition for expungement must be submitted to the Superior Court in the county where that most recent conviction took place.
Yes. The court may grant the expungement, but will enter a civil judgment for the amount of the outstanding fine against you. The New Jersey Treasury will take over collections responsibility for payment of any remaining amounts of your fine.