Expungements

We are fortunate in New Jersey (as opposed to many other states) to have an opportunity to erase our criminal records and start fresh with a clean slate.  The laws governing expungements are complex and the quality and experience of the attorney and the law firm staff handling your expungement can make the difference between success and failure. You want a knowledgeable and experienced attorney handling your expungement. Randolph H. Wolf and his firm have been expunging their clients’ criminal records for over 30 years. Mr. Wolf’s notable accomplishments include a recent win in the New Jersey Supreme Court on behalf of one of his expungement clients. He has obtained thousands of expungements on behalf of his clients including hundreds of complex Public Interest and Early Pathways expungements.

Click here to see a list of expungements Mr. Wolf has obtained for his clients.

Determine if you Qualify for an Expungement or Click here to proceed to the Expungement Interview Form

The Benefits of Obtaining an Expungement

If you have been arrested and charged with a violation of the Criminal Laws of the State of New Jersey you may have difficulty obtaining a job, getting credit, be prevented from coaching your children’s sports teams, be barred from obtaining a firearm permit, and face embarrassment whenever anyone runs a background check on you. If you have a criminal conviction you may be barred from government employment or getting a job as a teacher, nurse, securities broker or any job that requires a security clearance or Professional License. Even if the charges against you were dismissed or you received a Conditional Discharge or were granted entry into the Pre-Trial Intervention (PTI) program, there is still a record of your arrest and subsequent proceedings available that may require you to make embarrassing explanations to prospective employers, lenders, or spouses.

The Effects of an Expungement Order

Only the Superior Court of New Jersey can order the Expungement of a criminal arrest or conviction in the State of New Jersey. If the Court enters such an order the offense is deemed never to have happened. If you are asked whether you have ever been arrested, convicted, or charged with a crime or disorderly persons offense, you can legally answer the question, “NO.” If anyone runs a criminal background check on you it will come up as “NO CRIMINAL RECORD FOUND.” The only exceptions to this are if you are applying for a job as a law enforcement officer or in the judicial branch of the government, if you are facing new criminal charges, or if you are seeking another expungement or diversionary program.

Eligibility for an Expungement

New Jersey Statutes limit who can get an expungement. Expungements are generally available if:

  • You have been arrested and the charges against you have been dismissed.
  • You successfully completed Pre-Trial Intervention (PTI) or the Conditional Discharge Program for a drug offense and six months have gone by.
  • You were adjudged delinquent (or convicted) of offenses as a juvenile
  • You were convicted of a Municipal Ordinance Violation and more than 2 years have passed since your conviction and payment of fines.
  • You were convicted of a Petty Disorderly Persons or Disorderly Persons Offense and more than 5 years have gone by since you paid all your fines or completed your probation.  You may also be eligible to apply for an “early pathway” expungement for a Petty Disorderly Persons or Disorderly Persons Offense if more than 3 years have passed since you paid all of your fines or completed probation.
  • You were convicted of a Crime (Felony) and more than 6 years have gone by since you completed probation or were released from prison and paid all your fines.  You may also be eligible to apply for an “early pathway” expungement for a Crime (Felony) if more than 5 years have passed since you completed probation or were released from prison and paid all of your fines.
  • You may also be eligible to expunge your entire criminal record, without any waiting period, if you have successfully completed Drug Court in New Jersey and none of your offenses are those specifically prohibited from expungement.

Procedure for Obtaining an Expungement

In order to obtain an expungement a Petition must be filed in the Superior Court. Before that can be done, the attorney must obtain the client’s Superior Court Judgements(s) of Conviction and/or Municipal Court Dispositions(s) so the information can be properly put into the Petition.  After the Petition is filed it must be served on all of the courts and police agencies involved in the arrest as well as the County Prosecutor and Attorney General. The Prosecutor has the Petition reviewed by the Expungement Unit of the New Jersey State Police. After they have completed that review the Court schedules a hearing on the Petition.  If there is no objection filed and you meet the eligibility requirements, the Court will enter the Expungement Order. If there is an objection, the attorney must prepare a written response to it and the Judge will then either set up a hearing or decide the objection on the written materials submitted. This Order then must be served on all of the governmental agencies who need to remove the case from their records. The New Jersey State Police may take up to six months to actually remove the records from their computer.   The State Police also report the removal of the records to the NCIC (the Federal Computer System maintained by the FBI) which then removes the records from their system as well. Our Law Firm handles all of this for you, the only responsibility you have is to review the Petition for accuracy and sign the Verification of the Petition.

Legal Fees

The Law Firm of Randolph H. Wolf will offer you a reasonable fixed fee for the expungement of your criminal record so long as you meet the eligibility requirements. This fee will include all filing fees, costs, and court appearances. There will absolutely be no other charges so long as you provide us with a complete list of your criminal offenses. The fee is dependent upon how many different courts you had charges in and whether a Public Interest or Early Pathways Expungement is required.  Please contact us and we will give you an exact fee up front after we have reviewed your situation.

Starting Your Expungement

Telephone us at 732-741-4448 to discuss your situation personally with an expungement attorney at the Law Office of Randolph H. Wolf. If you would prefer, you can fill out our expungement interview form to provide us with complete information and we will give you a call after we have reviewed it.  

What to do if you do not know what your complete criminal history consists of;

Unfortunately, many people don’t know exactly what their criminal record consists of.  Either it happened a long time ago or they were going through a bad period in their lives and the details are a bit hazy.  We can help with this. We can either guide you through the process of obtaining a NJ Criminal Background Check at a minimal cost or a Federal and Nationwide State background check through an Authorized Expeditor for the FBI.  This reduces the time required down to about a week to obtain it as opposed to up to six months if ordered directly through the FBI.

Complete Expungement Statute

The New Jersey Expungement Statute is found in N.J.S.A. 2C:52-1 et seq.  The information provided above is really a simplification of the Statute as it applies to most common situations. The complete statute is more complicated and has more exceptions and specific requirements then can be easily summarized. Randolph Wolf will be pleased to evaluate your specific situation and advise you whether you qualify for an expungement. There is never a charge for this consultation.

New Jersey Diversionary Programs

In New Jersey there are two diversionary programs that help expedite the expungement waiting time. If a person successfully completes Pre-Trial Intervention (PTI) or Conditional Discharge (CD) than after a waiting period of 6 months a person can apply for an expungement.

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, petty disorderly persons offenses, or Indictable Offenses expunged along with their PTI arrest.

This web site is designed for general information only. The information presented at this site should not be construed to be formal legal advice nor the formation of a lawyer/client relationship. [ Sitemap ]