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Get Nj Expunge Form

The NJ Expungement Form offers a legal pathway for individuals seeking to erase records of their past criminal or juvenile offenses from public access. This process ensures that records within courts, detention centers, law enforcement, and juvenile justice agencies are removed and isolated, effectively treating the offense as if it never occurred. Understanding the eligibility criteria and the steps involved in filing a Petition for Expungement is crucial for individuals aiming to clear their records in New Jersey.

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Content Overview

Understanding the New Jersey Expungement Form is crucial for individuals seeking to navigate the complexities of clearing their criminal or juvenile records. The path to expungement represents a legal remedy designed to erase or isolate records of an individual's arrests, detentions, trials, or dispositions resulting from encounters with the criminal or juvenile justice system. Successfully petitioning for an expungement means that, legally, such events are treated as if they never occurred, providing a fresh start for eligible individuals. The New Jersey expungement law outlines the eligibility criteria comprehensively, requiring a detailed review of N.J.S.A. 2C:52-1 through N.J.S.A. 2C:52-32 to assess one’s qualifications for this legal relief. Eligible persons need to meticulously prepare and file a Petition for Expungement in the Superior Court of the county where the original arrest or prosecution took place, initiating a judge's review to potentially grant an Expungement Order. This guide underscores the indispensable step of obtaining crucial records and completing requisite forms accurately, providing a beacon for those embarking on this formidable journey without legal representation. However, it strongly advises consulting with a lawyer to navigate the process more effectively. While the New Jersey Administrative Office of the Courts has made strides in offering guidance through updated materials and forms to aid self-represented litigants, the responsibility of correctly filing court papers ultimately rests on the individual. This includes a thorough preparation phase involving records collection and precise form completion, which are vital steps in petitioning for an order to expunge one’s criminal or juvenile record. The initiative not only embraces a do-it-yourself approach for those unable to secure legal counsel but also reinforces the imperative of legal accuracy and completeness for a successful expungement petition.

Document Sample

How to Expunge Your Criminal and/or Juvenile

Record

What is an Expungement?

An expungement is the removal and isolation of all records on file within any court, detention or correctional facility, law enforcement, criminal justice agency or juvenile justice agency concerning a person's apprehension, arrest, detention, trial or disposition of an offense within the criminal or juvenile justice system. Unless otherwise provided by law, if an order for expungement is granted, the adult arrest, the record of law enforcement taking you into custody as a juvenile, conviction, adjudication of delinquency, disposition and any related proceedings are considered not to have occurred. See the section on Comparison of Adult and Juvenile Terms for a glossary of terms that are specific to juvenile court.

The New Jersey expungement law states in detail who is eligible for an expungement. You should review the current applicable provisions of N.J.S.A. 2C:52-1 through

N.J.S.A. 2C:52-32 to determine if you are eligible. An eligible person must prepare and file a Petition for Expungement. The Petition for Expungement must be filed in the Superior Court in the county where the arrest or prosecution took place. A judge then decides whether the person should be granted an Expungement Order.

In general, these materials provide basic information about how to file a Petition for Expungement. These materials do not provide specific advice about a particular legal problem that you may have, and they are not a substitute for seeing a lawyer. If you encounter a problem, or are in doubt as to whether you need a lawyer, talk to one.

NOTE: These materials have been prepared by the New Jersey Administrative Office of the Courts for use by self-represented litigants. The guide, instructions, and forms will be periodically updated as necessary to reflect current New Jersey statutes and court rules. The most recent version of the forms will be available at the county courthouse or on the Judiciary's Internet site (njcourts.com/prose/index.htm). However, you are ultimately responsible for the content of your court papers.

Acknowledgment: The New Jersey Judiciary would like to acknowledge Legal Services of New Jersey for allowing us to modify their expungement guide. The work that you see in this Pro Se Expungement Package is largely a product of their efforts.

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Things to Think About Before You Represent Yourself in Court

Try to Get a Lawyer

The court system can be confusing, and it is a good idea to get a lawyer if you can. If you cannot afford a lawyer, you may wish to contact the legal services program in your county to see if you qualify for free legal services. Their telephone number can be found in your local yellow pages under Legal Aid or Legal Services.

If you do not qualify for free legal services and need help in locating an attorney, you can contact the bar association in your county. Their telephone number can also be found in your local yellow pages. Most county bar associations have a lawyer referral service. The county bar lawyer referral service can supply you with the names of attorneys in your area who usually are willing to handle your particular type of case. Such attorneys are sometimes willing to consult with people in your situation at a reduced fee.

There are also a variety of organizations of minority lawyers throughout New Jersey, as well as organizations of lawyers who handle specialized types of cases. Ask your county court staff for a list of lawyer referral services that include these organizations.

Keep Copies of All Papers

Make and keep for yourself copies of all completed forms and any canceled checks, money orders, sales receipts, bills, contract estimates, letters, leases, photographs and other important documents that relate to your case.

What You Should Expect If You Represent Yourself

While you have the right to represent yourself in court, you should not expect any special treatment, help, or attention from the court. You must still comply with the rules of the court, even if you are not familiar with them. The following is a list of some things the court staff can and cannot do for you. Please read it carefully before asking the court staff for help.

We can explain and answer questions about how the court works.

We can tell you what the requirements are to have your case considered by the court.

We can give you some information from your case file.

We can provide you with samples of court forms that are available.

We can provide you with guidance on how to fill out forms.

We can usually answer questions about court deadlines.

We cannot give you legal advice. Only your lawyer can give you legal advice.

We cannot tell you whether or not you should bring your case to court.

We cannot give you an opinion about what will happen if you bring your case to court.

We cannot recommend a lawyer, but we can provide you with the telephone number of a local lawyer referral service.

We cannot talk to the judge for you about what will happen in your case.

We cannot let you talk to the judge outside of court.

We cannot change an order issued by a judge.

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Comparison of Adult and Juvenile Terms

The table below compares commonly understood criminal terms to terms specific to juvenile delinquency matters. Juvenile delinquency matters should not be considered the same as adult criminal actions. The process for expunging juvenile records, however, is the same as that for expunging adult criminal matters. In fact, if you have both adult and juvenile records that you wish to expunge, you should include all matters in your expungement petition.

Criminal Term

Juvenile Term

 

 

Arrest

Taking juvenile into custody

 

 

Conviction

Adjudication of delinquency

 

 

Sentence

Disposition

 

 

Indictment

No equivalent - A juvenile is charged with an offense

 

without an indictment process

 

 

Jail, prison or incarceration

Secure facility, youth house or detention center or juvenile

 

justice institution (specific names may vary)

 

 

Pretrial intervention program

Diversion - Juvenile Conference Committee or Intake

 

Services Conference

 

 

 

Glossary of Terms

 

 

Deferred Disposition:

In a deferred disposition, the court adjudicates the juvenile delinquent

 

and sets forth conditions for the juvenile to meet. If the juvenile

 

meets the terms of those conditions, then the disposition will be

 

dismissed pursuant to the court's order.

 

 

Diversion:

A diversion is the process of removing minor juvenile cases from the

 

full judicial process on the condition that the accused participates

 

successfully in a rehabilitative process, such as a juvenile conference

 

committee or a juvenile intake conference. If conditions entered into

 

by these diversions are met, then it results in a dismissal of the case,

 

and no appearance before a judge is required.

 

 

Indictable Offense:

A criminal offense that includes first, second, third and fourth degree

 

crimes. An indictable offense does not include disorderly persons,

 

petty disorderly persons or municipal ordinance violations.

 

 

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How to File for an Order to Expunge Your Criminal and/or Juvenile

Record

Locate Your Records

In order to prepare your expungement petition and prove your eligibility, you will need to get the following information:

The date of your arrest as an adult or when you were taken into custody as a juvenile.

The statute(s) and the offense(s) for which you were arrested, taken into custody as a juvenile, convicted or adjudicated delinquent.

The original indictment, accusation, summons, docket number, warrant number or complaint number. Include all, if more than one.

If you must locate your records on your own for a juvenile delinquency matter, contact the Superior Court Family Division Office in the county where you were taken into custody as a juvenile, where charges were filed, or where the adjudication occurred, and they will advise you how copies of those records can be obtained. A list of county Family Division Offices appears at the end of this guide.

If you were taken into custody as a juvenile and no charges were filed against you, you must contact the appropriate law enforcement agency for information related to that incident.

The date of the disposition, which could be the date of the conviction or adjudication of delinquency, date of not guilty verdict or date of dismissal.

The specific punishment or other disposition.

If you had an attorney when you were arrested as an adult and/or taken into custody as a juvenile and charged, check first to see if he or she has this information in your case file; if so, this can save you quite a bit of time.

If you must locate your records on your own for an indictable/criminal conviction or arrest, contact the Superior Court Criminal Case Management Office in the county where the arrest or conviction occurred and they will advise you how copies of those records can be obtained. A list of county Criminal Case Management Offices appears at the end of this guide.

You might also contact the county prosecutor. A list of county prosecutors' offices with addresses and telephone numbers appears at the end of this guide. Explain that you are interested in expunging your records and ask for the information listed above, or ask to look at your file if this is permitted. You may also be able to find information you need on disorderly persons offenses by contacting the clerk of the municipal court(s) in which you were prosecuted, or the police department involved in your arrest(s) as an adult or that took you into custody as a juvenile. If you cannot get all of the information, you need to follow Step 1 on the next page.

The numbered steps that follow explain what forms you will need to fill out and what to do with them. Specific directions on filling out each form appear before each of the attached forms. Follow these directions carefully. Each form should be typed or clearly printed on 8 ½ " x 11" white paper only. Forms may not be filed on a different size or color paper.

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Step 1: Request State Police Criminal History Record – Fingerprint Check

This step is only necessary if you do not already have your criminal/juvenile history information about your arrests, charges and dispositions.

In order to obtain your criminal/juvenile history record (also known as a rap sheet) from the New Jersey State Police you will need to be fingerprinted. The State Police use the electronic fingerprint scanning services of a private company, Sagem Morpho, Inc. You will need to contact Sagem Morpho, Inc. to schedule an appointment for fingerprinting. You can obtain additional information and schedule an appointment via the internet at bioapplicant.com/nj, or by calling their toll free telephone: 1-877-503-5981.

Additional information about obtaining criminal/juvenile history record checks can also be obtained from the New Jersey State Police website njsp.org/about/serv_chrc.html, or by calling their Criminal Information Unit at 609-882-2000 ext. 2918.

Note: The State Police will have a criminal/juvenile history only if you were fingerprinted when you were arrested. If you were not fingerprinted, and only a complaint was signed against you when you were arrested, you will still have a record with the police department and the court, but you will not have a record sheet within the Division of State Police, State Bureau of Investigation.

Step 2: Complete These Forms

Form A - Petition For Expungement The Petition for Expungement states that you are requesting an Expungement Order and states why you qualify. Complete the Petition for Expungement Order by following the instructions for Form A.

You must then file the petition in the county where you were arrested as an adult or taken into custody as a juvenile. If you were arrested as an adult or taken into custody as a juvenile in more than one county, contact the Criminal Case Management Office in either county and ask whether they will allow you to file for expungement of your entire record in that county.

Next, you must complete the Verification page and sign it in the presence of a Notary Public because this page must bear a notary seal.

Form B - Order For Hearing

The Order for Hearing is used by the judge to schedule a hearing. The Superior Court judge assigned to your case will usually schedule a hearing between 35 and 60 days after he or she gets your petition. Fill out the Order for Hearing by following the instructions for Form B.

Form C - Expungement Order The Expungement Order is the official document that will be signed by the judge if your Petition for Expungement is granted. Complete the Expungement Order by following the instructions for Form C.

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Step 3: File and Serve the Forms

Make three (3) copies of your notarized Petition for Expungement (Form A), Order for Hearing (Form B), and proposed Expungement Order (Form C). The original and two (2) copies should be filed with the court. Keep one copy of each for your records.

Form D - Cover Letter

The Cover Letter is a form letter that describes to the Superior Court Criminal Case Management Office the contents of your package and the purpose of the enclosed forms. Fill in the blanks on the Cover Letter (Form D) and attach the Cover Letter to the originals and the two photocopies that you are filing (keep one copy of each for your records). Include two large self-addressed envelopes with the appropriate postage stamped on each envelope. These envelopes will be used to send filed copies of your package back to you. Mail this package to the Criminal Case Management Office in the county where the arrest and/or prosecution occurred. If you prefer, you may file this package in person. A list of the Criminal Case Management Offices where these forms should be mailed, along with telephone numbers, appears at the end of this guide.

There is a filing fee of $52.50. Most offices do not accept personal checks, so you should include a money order or certified check made out to the Treasurer, State of N.J.

Step 4: Distributing the Filed Copies

One copy of the Petition for Expungement, Order for Hearing, and the proposed Expungement Order will be mailed back to you marked “Filed” and assigned a “Docket Number.” The Order for Hearing will also state the time and the date for your hearing.

Immediately after receiving the filed copies from the court, make at least seven (7) copies of the Petition for Expungement, Order for Hearing, and the proposed Expungement Order.

Mail one copy of each, immediately, by certified mail, return receipt requested, to each of the following government agencies that were involved with your case(s):

The Attorney General of New Jersey.

The Superintendent of State Police, Expungement Unit.

The County Prosecutor.

The Clerk of the municipal court if a municipal court heard the matter.

The Chief of Police or other head of the police department where the offense was committed or the arrest was made.

The chief law enforcement officer of any other law enforcement agency of the state that participated in the arrest.

The Warden or superintendent of any institution in which you were incarcerated.

The County Probation Division should be provided a copy if you were granted a conditional discharge, enrolled into the Pretrial Intervention Program, enrolled in a juvenile diversion program (juvenile conference committee or intake service conference), granted a deferred disposition, performed community service, owed fines or restitution or you served a term of probation.

The Division of Criminal Justice, Records and Identification Unit should be provided a copy if your case was processed through the State Grand Jury.

The County Family Division should be provided a copy if you are requesting the expungement of any juvenile delinquency matters.

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Step 4: Continued

Form E - Cover Letter

You may use the Cover Letter (Form E) when mailing the copies to these agencies. Fill in the blanks on the Cover Letter (Form

E)and attach the Cover Letter to each set of copies.

You should mail the copies of these forms right away, because the law requires service or mailing within five (5) days from the date that the Order for Hearing was signed. Mail them at the post office, by certified mail, return receipt requested.

Form F - Proof of Notice

After you have received the certified mail return receipt cards back from the post office, contact the Criminal Case Management Office, and ask the clerk whether the court requires that the proof of mailing be submitted at or prior to the hearing. If proof is required to be produced at the hearing, make sure that you bring the green certified mail return receipt cards and the Proof of Notice (Form F) to court with you on the day of the hearing. Complete the Proof of Notice form by following the instructions for Form F. If proof is required to be submitted prior to the hearing make sure that you bring or mail the green certified mail return receipt cards and the Proof of Notice (Form F) to the Criminal Case Management Office immediately. If you choose to mail this information to the court, you should send it by certified mail, return receipt requested.

Step 5: Go to the Hearing

Arrive at the court on your assigned hearing date about 15 minutes early. (Not all counties require you to appear for the hearing. If your appearance is not required, you must mail the Proof of Notice and the green return receipt cards to the Criminal Case Management office where you filed your petition, at least one week before the scheduled hearing.)

If you are required to appear, take your copies of the filed Petition for Expungement, the Expungement Order, and the green return receipt cards to the hearing (unless you previously filed them with the court). When you arrive at the court, tell the court clerk that you are there.

If any law enforcement officers object to the expungement, they will tell the judge the reason. The judge may ask you some questions and will decide whether to grant or deny you an expungement. If there is no opposition, the judge will, in most cases, grant your expungement.

If no law enforcement officers object to the expungement, the court may order the expungement of your records without a hearing. If this happens, you will receive a signed and filed Expungement Order in the mail.

It is a good practice to call the court the day before the hearing to confirm that it is still on the court's calendar.

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Step 6: Distribute Your Finalized Expungement Order

Immediately after you receive a copy of the Expungement Order signed by the judge and stamped "Filed" by the court, mail a copy of the Expungement Order, by certified mail, return receipt requested, to each of the following:

The Attorney General of New Jersey.

The Superintendent of State Police, Expungement Unit.

The County Prosecutor.

The Clerk of the municipal court if a municipal court heard the matter.

The Chief of Police or other head of the police department where the offense was committed or the arrest was made.

The chief law enforcement officer of any other law enforcement agency of the state that participated in the arrest.

The Warden or superintendent of any institution in which you were incarcerated.

The Records Division of any institution in which you were incarcerated.

The Identification Bureau in the county where the arrest was made or where you were incarcerated (a list of County Identification Bureaus appears at the end of this guide).

The County Probation Division should be provided a copy if you were granted a conditional discharge, enrolled into the Pretrial Intervention Program, enrolled in a juvenile diversion program (juvenile conference committee or intake service conference), granted a deferred disposition, performed community service, owed fines or restitution or you served a term of probation.

Step 6: Continued

The Division of Criminal Justice, Records and Identification Unit should be provided a copy if your case was processed through the State Grand Jury

The County Family Division should be provided a copy if you are requesting the expungement of any juvenile delinquency matters.

Form G - Cover Letter

You may use this Cover Letter (Form G) when mailing the Expungement Order to these agencies. Fill in the blanks on the Cover Letter (Form G) and attach the Cover Letter to each set of copies.

Keep the mailing receipts and the green cards that are returned to you as proof that the documents were received.

In Conclusion

As a final reminder, make sure that you have completely followed all of the steps required in this guide. This is very important because even though your records may be eligible for expungement, if you miss any of the required steps, your Petition for Expungement may be denied. In that case, you will have to start over.

We have tried to explain as simply as possible the steps to get your records expunged. The forms that you can use are in the following section.

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Expungement Forms

This section contains blank expungement forms and instructions. Follow the instructions in this guide and complete these forms with information about your case(s).

The following forms and instructions are included in this guide:

Form A - Petition for Expungement

The application to the court requesting that the court expunge your record.

Form B - Order for Hearing

The document on which the court will schedule a hearing of your case.

Form C - Expungement Order

The document to be signed by the judge if your Petition for Expungement is granted.

Form D - Cover Letter

The form letter to be sent to the court when filing your Petition for Expungement, Order for Hearing and proposed Expungement Order.

Form E - Cover Letter

The form letter to be sent when giving notice of the hearing.

Form F - Proof of Notice

The document to be filed with the court after notice is given.

Form G - Cover Letter

The form letter to be sent when giving notice that the expungement was granted.

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Instructions for Petition for Expungement (Form A)

1.Fill in your name, address, telephone number, and Social Security number at the top left-hand corner of the form.

2.At the top right-hand corner, fill in the name of the county in which you will be filing the Petition for Expungement.

3.Do not fill in "Docket No." Leave this space blank. The court clerk will give you a docket number and will fill in the blank.

4.In the box where it states "In the Matter of the Expungement of the Criminal/Juvenile Records of _______," print your full name.

5.Where it states, "I, _______," fill in your full name.

6.Where it states "residing at," fill in your current address.

7.In paragraph 1, fill in your date of birth.

8.In paragraph 2, fill in the date you were arrested and the town where you were arrested. Include any arrests that may have occurred when you were a juvenile, whether they were sealed or unsealed. Then, fill in the name of the offense you were charged with and give the New Jersey statute under which you were arrested.

9.In paragraph 3, fill in the original indictment, accusation, summons, docket number, warrant number, or complaint number(s).

10.In paragraph 4, fill this in ONLY if the charge against you was dismissed. If the charge was dismissed then fill in the date on which the charge was dismissed, the name of the charge that was dismissed, and the name of the court that dismissed the charge. Remember, if the charge against you was not dismissed, cross out paragraph 4 and go to paragraph 5.

11.In paragraph 5, fill this in ONLY if you were convicted, adjudicated delinquent or pled guilty to the charges. Then, fill in the date on which you pled or were found guilty or adjudicated delinquent, the name of the offense you pled guilty to, and the law under which you pled guilty (example, N.J.S.A. 2C:33-4 (harassment)). Remember, this is the law under which you pled or were found guilty, not the law under which you were arrested. You must also include the sentence or disposition. For example, the sentence/disposition could have been jail/prison/incarceration time, a fine or probation, or a combination of these. You should indicate the date that you were released from jail/prison/incarceration, the date the fine was paid, and/or the date that probation or parole was completed in the spaces provided.

Note: All of your arrests, charges, or prosecutions, even those for which you are not seeking an expungement, must be listed in your petition.

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Form Revised: 04/2009, CN 10171 (Petition for Expungement)

 

Form Attributes

Fact Name Description
Definition of Expungement An expungement is the removal and isolation of all records within any court, detention or correctional facility, law enforcement, criminal justice agency or juvenile justice agency related to a person's criminal or juvenile offense.
Effect of Expungement If granted, an expungement order allows the individual to consider the arrest, custody, conviction, or adjudication as not having occurred, with exceptions as provided by law.
Governing Laws The New Jersey expungement law is outlined in N.J.S.A. 2C:52-1 to N.J.S.A. 2C:52-32, detailing eligibility and the process for filing a Petition for Expungement.
Filing Process An eligible person must prepare and file a Petition for Expungement in the Superior Court in the county where the arrest or prosecution took place. A judge will then decide on granting the Expungement Order.
Preparation for Filing To prepare for filing, one needs to gather specific information such as date of arrest or custody, statutes and offenses charged, indictment or complaint numbers, disposition, and punishment details.
Components of the Filing Kit The kit includes Form A (Petition For Expungement), Form B (Order For Hearing), and Form C (Expungement Order), each to be filled out and filed according to the accompanying instructions.

Nj Expunge: Usage Guide

Filing for an expungement in New Jersey is a process that allows individuals to have their criminal or juvenile records removed from public view, under certain conditions. This can be vital for improving life opportunities, such as employment or housing. The procedure involves gathering necessary records, completing specific forms, and possibly attending a court hearing. It's a structured process that requires attention to detail to ensure all the steps are correctly followed. To assist in navigating this process, below are the steps on how to complete and submit an expungement application.

  1. Locate Your Records: Initiate the process by gathering all relevant information concerning your criminal and/or juvenile records. This includes dates of arrest or custody, statutes and offenses, indictment, docket number, and conviction details. Information can be obtained from court offices, your attorney, law enforcement agencies, or through a State Police criminal history record check.
  2. Request State Police Criminal History Record – Fingerprint Check: If missing any criminal history information, contact Sagem Morpho, Inc. for fingerprinting services to obtain your complete criminal/juvenile history. Schedule an appointment for fingerprinting through their website or by phone.
  3. Complete the Petition for Expungement (Form A): This form communicates your request for an expungement. Follow the provided instructions carefully, ensuring to fill out every required field. Don't forget to complete the verification page as it requires a notary seal upon signing.
  4. Complete the Order for Hearing (Form B): This form is used by the court to schedule your expungement hearing. Fill it out according to the instructions, which will include basic personal information and details about your case.
  5. Complete the Expungement Order (Form C): This is the document the judge will sign if your expungement is approved. Complete it as directed in the instructions, ready for the judge's signature post-hearing.
  6. File Your Expungement Petition: Submit your completed forms at the Superior Court in the county where the arrest or the action for which you are seeking expungement occurred. If there are records in more than one county, you may need to inquire which county's court will accept your petition for all records.

Once the petition is filed, a hearing will typically be scheduled within 35 to 60 days. It's important to attend this hearing, as the judge will consider your case and decide whether to grant the expungement. Completing these steps with accuracy and care can significantly impact the success of your expungement petition.

Listed Questions and Answers

What is Expungement?

Expungement refers to the legal process of isolating and removing records from court, detention, correctional, law enforcement, criminal justice, or juvenile justice agencies related to a person's detection, arrest, detention, trial, or judgement in a criminal or juvenile justice system event. If an expungement order is granted, the adult or juvenile records, including arrest, conviction, adjudication of delinquency, disposition, and any related proceedings, are deemed not to have occurred, unless otherwise specified by law.

Who is eligible for an Expungement in New Jersey?

Eligibility for expungement in New Jersey is detailed in N.J.S.A. 2C:52-1 through N.J.S.A. 2C:52-32. To determine eligibility, one must review these provisions, as they outline the criteria and exceptions for the expungement of certain records. Factors influencing eligibility include the type of offense, the number of offenses, and the time elapsed since the occurrence or conviction.

How does one file a Petition for Expungement in New Jersey?

To file for expungement, an eligible person must prepare and file a Petition for Expungement within the Superior Court of the county where the arrest or prosecution occurred. This petition includes identifying information, details of the offense(s), and a statement of eligibility. The court then schedules a hearing, and a judge decides whether to grant the Expungement Order.

Can juvenile records be expunged along with adult records?

Yes, individuals with both juvenile and adult records that they wish to expunge should include all relevant matters in their expungement petition. The process for expunging juvenile records is the same as that for adult criminal records in New Jersey.

What preliminary steps should be taken before filing for expungement?

  1. Locate your records: Obtain information such as the date of arrest or custody, statute(s) and offense(s) you were arrested for or charged with, and any applicable numbers (docket, indictment, summons, etc.).
  2. Request a State Police Criminal History Record: If you do not already have this information, you will need a comprehensive history that includes details about all your arrests, charges, and dispositions.

What forms are necessary for filing an Expungement Petition?

  • Form A - Petition for Expungement
  • Form B - Order for Hearing
  • Form C - Expungement Order

Each form must be completed according to specific instructions provided in the New Jersey expungement guide and filed within the appropriate county court.

While the court system allows individuals to represent themselves in filing for expungement, seeking legal advice or representation is highly recommended due to the complexity of the law and the legal process. If you cannot afford a lawyer, you may be eligible for free legal services through a legal aid program or can seek assistance from a county bar association's lawyer referral service.

How does one locate necessary records for the expungement process?

Records can be obtained from several sources including the Superior Court's Criminal Case Management Office or Family Division Office (for juvenile matters), the county prosecutor's office, municipal courts, or directly from law enforcement agencies that handled the arrest or custody.

What happens if the expungement petition is granted?

If the petition is granted, the Expungement Order signed by the judge results in the isolation and removal of records from all relevant agencies, effectively treating the event as if it never occurred, liberating the individual from the burdens associated with having a criminal record.

Common mistakes

When people attempt to navigate the process of expunging their criminal or juvenile records in New Jersey, they often encounter several pitfalls. The intricate paperwork, including the NJ Expungement Form, can be complex and detailed. Hence, making sure every detail is correctly addressed is crucial. Here are five common mistakes to avoid:

  1. Not Verifying Eligibility Before Filing: Understanding the criteria set forth under N.J.S.A. 2C:52-1 through N.J.S.A. 2C:52-32 is the first step toward expungement. Filing without ensuring eligibility can lead to an automatic rejection of the petition.

  2. Incorrect or Incomplete Information: Failing to provide accurate and complete information regarding the arrest, the statute and offense, original indictment, accusation, docket number, or complaint number can stall the process.

  3. Overlooking Required Documentation: Not gathering or improperly formatting the necessary documentation like the criminal history record from the New Jersey State Police or accurate records from courts or law enforcement agencies affects the petition’s progress.

  4. Misfiling in the Wrong County: The petition must be filed in the Superior Court of the county where the arrest or prosecution occurred. Submitting the petition to the wrong county can cause delays.

  5. Failing to Follow-Up: After filing, it’s important to stay on top of the process and adhere to any deadlines or requests for additional information. Not responding promptly can result in the dismissal of the petition.

Avoiding these mistakes can significantly smoothen the expungement process. Moreover, while individuals can represent themselves in this legal matter, consulting with a qualified attorney can provide valuable guidance and help avoid these common pitfalls.

Documents used along the form

Filing for an expungement in New Jersey is a significant step towards a fresh start, but it often involves more than just the Petition for Expungement. Individuals seeking to clear their records must navigate through a variety of forms and documents, each serving its unique purpose in the process. Understanding these documents can simplify the journey towards achieving a clean slate.

  • Verification Page - This form accompanies the Petition for Expungement and requires the petitioner’s signature under oath in the presence of a Notary Public. It confirms the truthfulness of the information provided in the petition.
  • Order for Hearing - This document is filled out alongside the petition and is used by the court to schedule a hearing date for the expungement case. It is vital as it officially sets the proceedings in motion within the judiciary.
  • Expungement Order - The final document in the process, this is what the judge signs if the expungement is granted. It officially clears the record as per the petitioner's request.
  • State Police Criminal History Record - Before filing, a thorough check of one's criminal or juvenile history through the New Jersey State Police might be necessary. This document outlines all offenses and dispositions, which are crucial for completing the expungement petition accurately.
  • Proof of Satisfaction of Fines and Penalties - If applicable, documentation proving that all fines, fees, and penalties related to the offenses being expunged have been fully paid is necessary. This could include receipts or official letters from the court.
  • Notice of Petition for Expungement - Once the petition is filed, this document notifies relevant parties of the expungement action. It includes the prosecutor's office, law enforcement agencies involved in the arrest, and any other entities that have custody of the records in question.

Each of these forms and documents plays a vital role in the expungement process. From establishing eligibility and setting a court date to proving financial obligations have been met and notifying key parties, understanding and correctly handling these elements can lead to a successful expungement. With diligence and attention to detail, individuals can navigate through this complex process towards achieving their goal of a cleared record.

Similar forms

The Petition for Expungement is quite similar to a Pardon Application, as both seek to relieve individuals from the consequences of criminal convictions. A pardon application requests executive clemency to forgive a person's crime, potentially restoring rights or removing legal disqualifications. Meanwhile, an expungement removes the record of conviction, as if the event never occurred. Both processes aim to offer a fresh start, though they function through different legal mechanisms and are granted by different authorities.

Another document that shares characteristics with the Petition for Expungement is the Certificate of Rehabilitation. This document, available in some jurisdictions, signifies that an individual has been rehabilitated after a conviction. Similar to an expungement, the certificate seeks to alleviate some burdens of a criminal record, but instead of erasing the record, it officially recognizes the individual's rehabilitation. Both documents aid in the process of reintegrating into society, albeit through different means.

The Seal of Records application also bears a resemblance to the Expungement Petition. Sealing records hides them from the public eye, much like expungement. However, sealed records can still be accessed under certain conditions by the court system or other authorities. Both processes are designed to protect individuals' privacy and improve their opportunities after having been involved in the criminal justice system.

Non-Disclosure Orders, frequently used in conjunction with sealing records, closely relate to expungements. A non-disclosure order prohibits public entities from disclosing certain criminal records. While an expungement acts as if the crime never occurred, a non-disclosure order acknowledges the event but limits its visibility, offering a layer of confidentiality to the involved individual.

The Application for Destruction of Arrest Records is another document that resembles the Petition for Expungement in purpose. When arrest records are destroyed, all official evidence of the arrest is eliminated. Although this process does not address convictions like expungement does, both mechanisms aim to clear an individual's name and mitigate the long-term impact of criminal justice system involvement.

The Request for Correction of Military Records performs a similar function within the context of military service. This request seeks to amend or remove unjust or incorrect entries from an individual's military record, comparable to how an expungement seeks to clear criminal records. While one pertains to military service and the other to civilian legal matters, both recognize the importance of accurate records for personal and professional development.

Immigration petitions for Waiver of Inadmissibility share a common goal with expungement petitions, as they both aim to remove legal barriers. The waiver allows individuals deemed inadmissible to enter or remain in the United States by forgiving certain grounds of inadmissibility, akin to how expungement forgives criminal convictions to reduce or remove their impact on an individual’s life.

The Clean Slate Application, where available, automates the process of sealing or expunging eligible criminal records after a certain period of time. Similar to a traditional expungement petition, it aims to clear an individual's record, but differs in that it's designed as a mass relief effort, often requiring less direct action from the individual.

Lastly, the Application for Discharge from Probation mirrors the expungement petition in its pursuit of relief from the consequences of a conviction. By successfully completing probation and having the charge dismissed, an individual can move closer to clearing their criminal record, a goal shared with the expungement process. Although one focuses on completing probation terms and the other on removing the record post-completion, both represent key steps toward rehabilitation and reintegration.

Dos and Don'ts

Filling out the New Jersey Expungement form is a crucial step towards clearing your record. It's important to approach this process carefully to ensure your petition is accepted and processed without delays. Here are some essential dos and don'ts:

  • Do review the eligibility criteria under N.J.S.A. 2C:52-1 through N.J.S.A. 2C:52-32 carefully to ensure you qualify for expungement.
  • Do obtain all necessary records such as arrest date, statute and offense, indictment or summons numbers, disposition date, and specific punishment to support your Petition for Expungement.
  • Do locate your records by contacting the Superior Court in the county where the arrest or prosecution took place, or the corresponding law enforcement agency for juvenile records.
  • Do make and keep copies of all forms and documents related to your case, including the Petition for Expungement.
  • Do type or clearly print forms on 8 ½" x 11" white paper, as required by the New Jersey Judiciary instructions.
  • Don't hesitate to seek legal advice if you encounter problems or have doubts about filling out your expungement petition.
  • Don't overlook the requirement to file your petition in the county where the arrest or prosecution took place, or fail to contact the Criminal Case Management Office if you have records in more than one county.
  • Don't submit forms on paper that doesn't meet the specified size or color requirements.
  • Don't forget to sign the Verification page of your petition in the presence of a Notary Public to obtain the necessary notary seal.

Following these guidelines can help ensure that your petition for expungement is filed correctly and improves the chances of clearing your record. Remember, careful preparation and attention to detail are key to successfully navigating the expungement process in New Jersey.

Misconceptions

Many individuals hold misconceptions about the New Jersey Expungement Form and its process. Understanding these misconceptions is crucial for those looking to expunge their criminal or juvenile records in New Jersey. Here are seven common misconceptions clarified:

  • Expungement erases your record immediately: Many believe that once an expungement is granted, the record is instantly erased. In reality, the process takes time. Once an order for expungement is granted, various agencies are notified to isolate and remove records, which can take several months.
  • All offenses are eligible for expungement: Another common misconception is that all offenses can be expunged. New Jersey law specifies which offenses are eligible for expungement. Certain offenses, especially violent crimes or sex offenses, may not be eligible.
  • Expungement is automatic for juvenile records: It’s often thought that juvenile records are automatically expunged once the individual reaches a certain age. While New Jersey does offer a more lenient view on juvenile records, the expungement process is not automatic and must be petitioned by the individual.
  • Having a lawyer is unnecessary: Given that the expungement guide and forms are available to the public, some conclude that legal representation is unnecessary. However, the process can be complex and nuanced. Professional legal advice can significantly impact the outcome of an expungement petition.
  • Expungement and sealing are the same: Expungement and sealing of records are often confused. Expungement involves the removal and isolation of records, effectively treating the event as if it never occurred. Sealing a record restricts access but does not erase it entirely.
  • You can expunge records from multiple states in New Jersey: The New Jersey expungement process only applies to offenses that occurred within New Jersey. If someone has records in multiple states, they must seek expungement in each respective state according to its laws.
  • There is only one chance at expungement: Some believe that if an expungement petition is denied, there is no further recourse. Applicants can often refile for expungement if their petition is initially denied, especially if circumstances or eligibility criteria change over time.

Addressing these misconceptions is essential for effectively navigating the expungement process in New Jersey. Individuals seeking expungement should thoroughly review current state laws, consider consulting with legal counsel, and ensure they meet all specified eligibility criteria.

Key takeaways

Understanding the New Jersey Expungement Form process is crucial for individuals looking to clear their criminal or juvenile records. Here are five key takeaways to keep in mind:

  • Eligibility is key: Before attempting to file an expungement, thoroughly review New Jersey’s expungement laws (N.J.S.A. 2C:52-1 through N.J.S.A. 2C:52-32) to confirm your eligibility. The specifics of your arrest, charges, and any convictions or adjudications play a significant role in determining whether you can proceed.
  • Gather your records: Compiling a complete record of your criminal or juvenile history is a necessary first step. This includes dates of arrest or custody, charges, statute numbers, disposition details, and any associated docket, complaint, or indictment numbers. If needed, contact the relevant courts or law enforcement agencies to obtain these records.
  • Filing the Petition for Expungement: If you are eligible for expungement, prepare and file a Petition for Expungement in the Superior Court of the county where the arrest or prosecution occurred. This petition is a formal request to the court to expunge your records.
  • The importance of accuracy and completeness: When filling out your expungement forms, ensure that every piece of information is complete and accurate. Errors or omissions can delay the process or affect your eligibility for expungement. The forms must be typed or clearly printed on standard white, 8 ½" x 11" paper.
  • Legal assistance is advisable: While it is possible to represent yourself in the expungement process, consulting with a lawyer can provide valuable guidance and increase your chance of success. If you cannot afford a lawyer, consider contacting legal aid services for assistance.

Remember, expungement laws can change, so it's crucial to use the most current forms and follow the latest procedures. The New Jersey Judiciary's website and the county court's offices are reliable sources for the latest information and forms related to expungement.

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