FREQUENTLY ASKED QUESTIONS

 

A.        EXPUNGEMENTS

            1.         What is an expungement?

An expungement is a process initiated through the court system which clears an individual's criminal record.  An individual gets a criminal record from being arrested even if a conviction is never obtained or the charges are dismissed.  In addition, if a conviction is obtained then an individual will have a record of being arrested and a record which also reflects the conviction.  If an individual obtains an expungement then that individual is legally entitled to answer that he or she has no criminal record.

2.         Will an expungement benefit me if the charges against me were dismissed or dropped? 

Yes.  Although the charges may have been dismissed, such as in the case where an individual successfully completes a conditional discharge program, the record of the arrest and the fact that the charges were dismissed will remain on an individual's criminal record unless the individual has the record expunged.  If the charges were dismissed, then an individual is eligible to petition the court for an expungement immediately, unless if the dismissal was obtained following PTI or the Conditional Discharge Program, then an individual must wait 6 months before petitioning the Court for an expungement.    

            3.         Are all criminal records eligible to be expunged?

No.  Whether an individual's criminal record is eligible to be expunged is governed by the New Jersey statutes.  If you would like to find out whether your particular record is eligible to be expunged, then you can contact our office and we will be glad to inform you whether you are eligible for an expungement.

4.         Can criminal records be expunged immediately?       

There are different waiting periods for expungements depending on the charges and what occurred in your case.  The following is a list of many scenarios and the waiting periods:

Crime (Felony)                                     10 years

 

Disorderly Persons Offense                 5 years

(Misdemeanor)

 

Petty Disorderly Persons Offense       5 years

(Misdemeanor)

 

Juvenile Adjudication - The lesser of 5 years                                            or the period for the                                            equivalent offense,

                                           if  committed by                                            an  adult.

Municipal Ordinance                            2 years

 

Young Drug Offender                           1 year

 

Dismissal after successful

completion of PTI or

Conditional

Discharge Program                            6 months

 

Dismissal                                               None

 

            5.         When does the time begin to run?

Time begins to run when the last of any of the following occurs: the sentence is imposed, fines are paid in full, probation or parole is completed, or a jail or prison sentence is completed.

            6.         Can DUI's be expunged?

No.  DUI's are traffic violations in New Jersey and are not eligible to be expunged.

            7.         How much does an expungement cost?

The cost for an expungement depends on the complexity of your criminal record and is usually a flat fee, which covers all costs, filing fees, and Court appearances, if necessary.  Expungements typically range from $1,500, for simpler criminal records, to $2,500 for more complex criminal records. 

            8.         How long does the expungement process take?

The Petition for expungement must be filed in the County where the violation occurred.  The entire process usually takes between 3 to 6 months, depending on which County the Petition for expungement is filed in. 

            9.         Do I have to personally appear in Court?

The modern day practice is that a hearing date is set by the Court, however, the Petitioner does not typically have to personally appear in Court unless a particular government agency objects to the expungement.

            10.       Should I wait until the waiting period is over?

No.  There are steps prior to filing the actual Petition for expungement which must be completed and these steps can be completed prior to the end of the waiting period.

 

B.        TRAFFIC VIOLATIONS

 

Common Traffic Violations                                     DMV/MVC POINTS

 

39:4–35     Failure to yield to pedestrian in crosswalk                           2

 

39:4–36     Failure to yield to pedestrian in crosswalk;

                  passing a vehicle yielding to pedestrian in crosswalk        2

 

39:4–52     Racing on highway                                                                    5

 

39:4–81     Failure to observe traffic signals                                             2

 

39:4–82     Failure to keep right                                                                  2

 

39:4–83     Failure to keep right at intersection                                        2

                                                                                                                       

39:4–90     Failure to yield at intersection                                                 2

 

39:4–96     Reckless driving                                                                        5

 

39:4–97     Careless driving                                                                         2

 

39:4–97.2 Driving in an unsafe manner                                                0 or 4

 

39:4–98     Exceeding maximum speed 1-14 mph over limit                 2

                  Exceeding maximum speed 15-29 mph over limit               4

                  Exceeding maximum speed 30 mph or more over limit     5

 

39:4–105   Failure to stop for traffic light                                                  2

 

39:5D–4    Moving violation committed out-of-state                              2