EXPUNGEMENTS

 
 
At Polloway & Polloway, LLP, we understand that an arrest or old conviction can pose a problem for good people when they are applying for jobs, professional licenses, credit, loans or admission to colleges and professional schools because most employers, licensing agencies and educational institutions today conduct background checks of all prospective candidates.

If you or a loved one has an arrest or criminal charge on your record, the law firm of Polloway & Polloway, LLP may be able to help. Depending on the specific charge and how much time has passed since the resolution of that charge, you may be eligible to submit a petition to the Superior Court in New Jersey to effectively "erase" the record of that arrest or conviction.
 

What exactly is an expungement?

The definition of an expungement under New Jersey law is set forth in N.J.S.A. 2C:52-1 which states:

  • § 2C:52-1. Definition of expungement
  1. Except as otherwise provided in this chapter, expungement shall mean the extraction and isolation of all records on file within any court, detention or correctional facility, law enforcement or criminal justice agency concerning a person's detection, apprehension, arrest, detention, trial or disposition of an offense within the criminal justice system.
  2. Expunged records shall include complaints, warrants, arrests, commitments, processing records, fingerprints, photographs, index cards, "rap sheets" and judicial docket records.

Therefore, based on N.J.S.A. 2C:52-1 et seq., an experienced attorney can assist you with filing a petition for expungement with the Superior Court so that any and all records that relate to your arrest, trial, and disposition (or resolution) of a criminal charge can be "extracted and isolated" or expunged. This basically means, that such records - while not actually destroyed - will be removed from the files of the relevant municipality, court, police department or law enforcement agency and placed in a special location where they will not be accessed during background checks and similar searches.
 
 
 

Which types of charges/convictions can be expunged?

There are certain offenses that can never be expunged; however, provided that the appropriate waiting period has expired, many types of offenses can be expunged, including:
 
  • Most indictable offenses
  • Many drug offenses
  • Disorderly Persons Offenses and Petty Disorderly Persons Offenses
 
  • Municipal Ordinances
  • Young Drug Offenders
  • Arrests Not Resulting in Conviction
 
 

How long does it take to obtain an expungement?

Generally, we are able to obtain an Order of Expungement from the Superior Court within sixty (60) days of the filing of the petition. It is important to note that, as of the moment that the judge signs an Order of Expungement for you, it is as though your charge never occurred, allowing you to honestly represent on employment, licensing or school applications that you have no arrests or convictions.

If you or someone close to you has been arrested, convicted, or pled guilty to a criminal charge or municipal ordinance in New Jersey, contact the law firm of Polloway & Polloway, LLP immediately for a free initial consultation with one of our experienced criminal defense lawyers about a possible expungement.
 
Call us at 732-842-5300 for more information or