In New Jersey, felonies are referred to as indictable offenses, misdemeanors as disorderly persons offenses. Indictable offenses are serious crimes with penalties ranging from 18 months to life in prison. Convictions carry lifelong consequences.
Having a criminal record can impact an offender’s life long after their case has concluded. A criminal record may affect one’s ability to gain employment, obtain housing, and hold certain professional certifications and licenses, among other things. In some instances, qualifying offenders can avoid this by having their criminal records expunged.
Expungement is a process by which individuals can petition to erase their convictions from their public criminal record. Once granted, the expungement will remove, seal, or isolate all information regarding an arrest, court proceedings related to that arrest, any criminal or juvenile conviction, and all outcomes of the case, including sentencing. Thereafter, any expunged information can be revealed only to law enforcement, and judiciary or corrections agencies. The offender has the right to tell others, including potential employers, that he or she has no criminal record.
Every state has its own expungement laws. In New Jersey, expungement petitions are decided by a judge in the Superior Court of the county in which the offender was arrested or convicted. For crimes committed outside of New Jersey, offenders would need to seek legal counsel in the state or county where they were convicted.
New Jersey Criminal Lawyers Blog