Friday, January 29, 2016

New Jersey’s New Expungement Law Change

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.
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 Street
Elizabeth, N.J. 07207]
Tel: (908) 354-7006

Dated: January 29, 2016