NEW CHANGES TO NEW JERSEY EXPUNGEMENTS OF INDICTABLE OFFENSES (CRIMES/FELONIES)

September 1, 2018 · Posted in Blog, Expungement Blog 

The New Jersey Legislature in its major overhaul of the NJ Expungement Law effective October 1, 2018 has made  major changes to this statue which deals with indictable convictions (felonies) They can be summarized as follows:

The time period necessary to obtain an expungement has been reduced from ten (10) years to six(6)  years from the most recent conviction, payment of fine, completion probation or parole, or release from jail whichever is later. A  Fine is defined as any fine, restitution, and other court order financial assessment imposed by the court.

If the fine has been paid, but, less than 6 years have expired from the date of satisfaction, and the time requirement is otherwise satisfied, and the court finds that the petitioner complied with the payment plan or could not due so to compelling circumstances,  then the Court can grant the expungement even though the 6 years have not run. Compelling circumstances are determined by considering the amount of the fine or fines imposed, the person’s age at the time of conviction, the person’s financial condition, and other relevant information regarding the person’s ability to pay.   Read More »

2C:52-5: Expungement of Records of Young Drug Offenders

August 20, 2018 · Posted in Blog, Expungement Blog 

This provision of the Expungement Statute was adopted in 1979 in order to permit young drug offenders to have their records expunged without waiting the full time period (then 10 years) required for older adults.  Its permits expungement after one (1) year. On October 1, 2018 the current law concerning this statue will change to make more Young Drug Offenders eligible to have their records expunged. This change in the statute ispart of the new legislation which broadens the availability of expungements to increase the ability of New Jersey residents to obtain employment.  The Petitioner will still have to meet the all of the following requirements: Read More »

Expunging Disorderly Persons Offenses in NJ

August 16, 2018 · Posted in Blog, Expungement Blog 

On October 1, 2018 the current law concerning this statue will change to make more Petitioner’s eligible to have their records expunged. This section of the new Expungement Statute deals only with persons who have never had a conviction for a crime, which in New Jersey is an  indictable (felony) offense. If you have had an indictable conviction you are not eligible under this section, but, you may be eligible under 2C:52-2.

The new statute permits expungement for 3 classes of people:

  1. The person has  been convicted under the laws of  New Jersey or any other State on the same or separate occasions of no more than four (4)  disorderly persons offenses, no more than four (4)  petty disorderly persons offenses, or a combination of no more than four (4) disorderly persons and petty disorderly persons offenses. 
  2.   The person has been convicted of multiple disorderly persons offenses or multiple petty disorderly persons offenses in New Jersey (or a combination of both), which convictions were entered on the same day, and does not otherwise have any prior or subsequent conviction for another offense in addition to those convictions included in the expungement application. 
  3. The person has been convicted of multiple disorderly persons offenses or multiple petty disorderly persons offenses in New Jersey (or a combination of both) which were interdependent or closely related in circumstances and which were committed as part of a sequence of events that took place within a short period of time, regardless of the date of conviction or sentencing for each offense, and the person does not otherwise have any prior or subsequent conviction for another offense in addition to those included in the expungement application (whether in New Jersey or another state).  

Part 1 of the new section allows a person can now have a total of four (4) disorderly persons or petty disorderly persons  offenses expunged. This is an expansion of the previously allowed three (3). Read More »

PTI will no longer bar Expungement of Conviction for Indictable Crime in New Jersey

August 10, 2018 · Posted in Blog, Expungement Blog 

The new Expungement Law Amendments that become effective on October 1, 2018 will benefit clients who thought they would never be able to expunge their criminal convictions. People who have completed Pre-Trial Intervention (PTI) will finally have the chance to expunge their entire criminal records.

Currently, under N.J.S.A 2C:52-14(f), an expungement petition will be denied when “a person seeking the relief of the expungement of a conviction for a disorderly persons, petty disorderly persons, or criminal offense prior to or subsequent to said conviction has been granted the dismissal of criminal charges following completion of a supervisory treatment or other
diversionary program.”

This means that that once you had a criminal arrest dismissed by way of completion of PTI, you could not expunge an earlier conviction for an Indictable crime even if it was a 4th or 3rd degree crime that would ordinarily be able to be expunged.

In the new Statute, N.J.S.A 2C:52-14(f) has been deleted by amendment, P.L. 2017,c.244. This will give persons the chance to have their criminal convictions for some indictable offenses (felonies) expunged along with their PTI arrest, and in many cases will result in the complete clearing of a criminal record. This will mean that you will be able to legally say to most employers that you have never been arrested or convicted of a crime. It may even be possible to re-open or re-file expungements for individuals who previously had part of their record expunged under the old law. Please contact the Law Offices of Randolph H. Wolf at 732-741-4448 or email us at Info@RandolphWolf.com for more information and to see whether you can benefit from the upcoming changes in the law.

Pre-Trial Intervention will no longer bar Expungement of Disorderly Persons Offenses

August 5, 2018 · Posted in Blog, Expungement Blog 

Major changes are coming to New Jersey Expungement procedures when the new Expungement Law Amendments become effective on October 1, 2018. Individuals who have completed Pre-Trial Intervention (PTI) will finally have the chance to expunge their entire criminal records.

Currently, under N.J.S.A 2C:52-14(f), an expungement petition will be denied when “ a person seeking the relief of the expungement of a conviction for a disorderly persons, petty disorderly persons, or criminal offense prior to or subsequent to said conviction has been granted the dismissal of criminal charges following completion of a supervisory treatment or other diversionary program.” As a practical matter what this translated to is that once a client had successfully completed PTI, he or she could only expunge the PTI arrest itself along with Boro Ordinance or Juvenile convictions. Disorderly Persons convictions could not also be expunged.

In the new Amendments, N.J.S.A 2C:52-14(f) has been deleted by amendment, P.L. 2017, c.244. This will give petitioners the chance to have their disorderly person or petty disorderly persons offenses expunged along with their PTI arrest, and in many cases will result in our clients being able to completely expunge their entire criminal history and get a fresh start. It may even be possible to file new expungement petitions for individuals who had a PTI arrest expunged and have Disorderly Persons Offenses left on their record under the old law. Please contact the Law Offices of Randolph H. Wolf at 732-741-4448 or email us at Info@RandolphWolf.com for more information and to see how the changes in the law may effect you personally.

Law firm obtains Expungement for Indictable Offense

April 1, 2018 · Posted in Blog, Expungement Blog 

 … and then files Second Expungement for a Borough Ordinance

The 2016 Amendments to the Expungement Statutes created an interesting issue that is just now being addressed. Prior to 2016, if an expungement was granted for an Indictable Criminal Offense (a felony), no other convictions of any type could be expunged. The 2016 Amendments permitted the Expungement of the Indictable Offense and up to two Disorderly Persons of Petty Disorderly Persons Offenses. However, the Legislature did not mention convictions for Borough Ordinances in this section. The probably unintended result of this is that Disorderly Persons Offense convictions can be expunged along with an Indictable Offense while a Municipal Ordinance conviction cannot. Read More »

2017 Changes to the Expungement Statute

January 4, 2018 · Posted in Blog, Expungement Blog 

On December 20, 2017 Governor Christie signed into effect the following bills to further help people with Criminal Convictions. These two new bills will have a tremendous impact on the N.J.S.A. 2C:52 expungement statue.

Senate Bill 3307: Shortens Expungement Waiting time for Adult Convictions

Under the current expungement statue, N.J.S.A. 2C:52-2, a petitioner may apply for an expungement 10 year from the date of his conviction, payment of fine, satisfactory completion of probation or parole, or release from incarceration, whichever is later.

Change: In the bill Governor Christie signed a petitioner may apply for an expungement 6 year from the date of his conviction, payment of fine, satisfactory completion of probation or parole, or release from incarceration, whichever is later.

Public Interest Expungements:

Under this new bill a Petitioner is still allowed to apply for an “public interest” expungement after 5 years have elapsed.  However, there is an effect on marijuana convictions that bears noting.   Read More »

Municipal Ordinance Expungement FAQ’s

October 29, 2017 · Posted in Blog, Expungement Blog 

What is a Local/Municipal Ordinance?

A municipal ordinance is a non criminal conviction under a local code and is not a criminal conviction under the New Jersey State 2C criminal code. However, it does show up on an official criminal background check. In addition, if an indictable offense or disorderly persons offense was reduced to a municipal ordinance, the original charges will remain on the person’s criminal history until the municipal ordinance is expunged.

When Can I Expunge a Local/ Municipal Ordinance?

Under the new criminal Justice Statue Section 2C:52-4, A local/ municipal ordinance is eligible for an expungement 2 years from the date of conviction, payment of fine, satisfactory completion of probation or release from incarceration, whichever is later.

Is there a limit to how many Local/ Municipal Ordinance convictions can be expunged?

As stated in the N.J.S.A. expungement statue, 2C:52-4, there is no limit to how many local/ municipal ordinance a person can have expunged.

Can I expunge a Local/ Municipal Ordinance and an Indictable Offense?

Before April of 2016 when the criminal expungement statue, 2C:52-2- Indictable offenses (felonies), was rewritten, if a person had been convicted of an indictable offense, they could not expunge any additional convictions for disorderly person offenses or municipal ordinance violations. The new statute permitted the expungement of a felony and up to 2 DPs. However it did not mention local/ municipal ordinance convictions. Since then the County Prosecutor’s Office in many counties have interpreted this to mean if a person has been convicted of an indictable offense in the Superior Court, that person is not eligible to have their conviction for a local/ municipal ordinance expunged, even though they would be eligible to have a more serious disorderly persons criminal offense expunged. It is an open question as to whether a second expungement petition could be filed on the municipal ordinances after the petition to expunge the indictable was granted.

Can I expunge Local/ Municipal Ordinances and Disorderly Persons Offenses?

Under statue 2C:52-2 a person is eligible to have an unlimited number of conviction for local/ municipal ordinance expunged so long as they do not have more then two disorderly persons (misdemeanors) offenses and if the proper time has elapsed. If a person has been convicted of three DP’s they can not expunge any convictions for local/ municipal ordinances. Under 2C:52-3 up to three disorderly persons offenses can be expunged so long as there are no indictable convicitons.

I have completed a Diversionary program can I Expunge a Local/ Municipal Ordinance?

Yes, if a person successfully has completed the Pre-trial Intervention (PTI) or Conditional Discharge (CD) program they can expunge local/ municipal ordinances after the two year time period has elapsed.

New Developments in Expungement Laws re: Drug Court

September 12, 2017 · Posted in Blog, Expungement Blog 

RECENT DEVELOPMENTS IN EXPUNGEMENT LAW REGARDING DRUG COURT MATTERS AND OTHER DRUG OFFENSES

Several years ago, New Jersey instituted a program known as Drug Court. The rules governing this program are now defined in one of the New Jersey laws, N.J.S.A. 2C:35-14. Through this program, persons who commit certain types of crimes as a result of drug or alcohol addiction are allowed to participate in an approach that focuses not on punishments such as prison/jail time, but instead focuses on helping them recover from addiction and lead productive lives. The offenses eligible for Drug Court program include not just basic drug offenses such as possession and distribution, but also crimes that persons often commit due to addition, such as theft of money to buy drugs or alcohol. Read More »

Expungement of Conviction for Third-Degree Possession of C.D.S. with Intent to Distribute Granted in Mercer County

May 1, 2016 · Posted in Blog, Expungement Blog 

The New Jersey expungement lawyers at the Law Office of Randolph H. Wolf just recently represented another client in Mercer County on another successful “public interest” expungement of his conviction for third degree possession of CDS with intent to distribute.  In the past, convictions for possession of CDS with intent to distribute were ineligible for expungement.  In 2010, however, the law changed.   If the conviction was of the third or fourth degree, the record eligible for expungement so long as you prove that expungement is consistent with the “public interest.” Read More »

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