On April 19, 2016, the law in New Jersey will
radically change its expungement law allowing most non-violent felonies to be
expunged after waiting five-years after released from incarceration or
completion of probation. However, the public interest standard still applies, and this is still at the discretion of the judge.
Without a public interest need the petitioner will still have to wait 10-years, after his or her release from jail or completion of probation which ever comes last.
Without a public interest need the petitioner will still have to wait 10-years, after his or her release from jail or completion of probation which ever comes last.
Disorderly person’s offenses (or municipal court
cases) the waiting period has been reduced from 5-years to 3-years. Also, the new law allows certain people to
expunge their successful completion of the drug court program, and the
underlying conviction which facilitated their participation in the program.
Lastly, the new law allows judges to immediate
expunged and seal all records regarding cases in which the defendant was a
victim of identity theft. This would
also apply to the Division of Motor Vehicles (DMV) which must seal and expunge
all division of motor vehicle records in which the motorist received the charge
because his or her I.D. was stolen or forged.
In addition, the prosecutor can petition the court with the request of
his or her criminal defense attorney, to rule that the defendant or motorist,
was in fact, “factually innocent.”
It is
important to note that there is no waiting period for the sealing of these
records. It is important to note that
the expungement process can be complicated, and you are urged to consult an
experienced criminal defense attorney.
Attorney Sanzone has 25-years of experience as a New Jersey criminal defense attorney.
Law Office of
Vincent J. Sanzone, Jr., Esq.
P.O. Box 261, 277
North Broad StreetElizabeth, N.J. 07207]
Tel: (908) 354-7006
Dated: January 29, 2016
