Expungement Lawyers in MorrisCounty, New Jersey
Criminal records can present serious problems for anyone seeking to get a job, get an apartment, get into the school of their dreams. An expungement is a procedural pathway to ensure that, while your charge does not go away completely, your charge is completely hidden from public view. We have vast experience at helping people in Morris County get their records expunged this way. The Law Office of The Law Offices of Jonathan F. Marshall has been representing Defendant’s convicted of various charges like possession of marijuana, simple assault, disorderly conduct, resisting arrest and heroin possession get their records expunged. If you would like to set up a consultation with any one of our eight New Jersey expungement lawyers, please contact our Morristown office directly at 973-309-7050.
The first question in any expungement case will always be whether or not the offense that you have committed is eligible for expungement. It is the first question that we will seek to solve for you when you call. There are some offenses that are per se non-expungeable pursuant to the New Jersey criminal code. The reason for this is often related to the severity of the offense. For example, the following crimes are per se ineligible for expungement:
- Criminal Homocide (Except Death by Auto)
- Kidnapping
- Luring or Enticing
- Aggravated Sexual Assault
- Aggravated Criminal Sexual Contact
- Criminal Sexual Contact (if victim is a minor)
- Criminal Restraint
- Robbery
- Endangering the Welfare of a Child (if based on sexual contact)
- Perjury
- False Swearing
This may seem like a rather exhaustive list of things that cannot be expunged, but it actually leaves almost the entire criminal code on the table for expungement with the exception of these rather violent or pernicious crimes detailed above.
Can I get my Juvenile Record Erased in NJ?
To put this in perspective, let’s consider the juvenile offender, a person often in the most need of an expungement so that they can get their life started. A juvenile offender for an indictable offense is allowed to have anything expunged after the five-year waiting period following their supervision, unless the crime committed would be ineligible for expungement if committed by adult, meaning it’s on the list above. The rules are even more lenient where the crime committed by a juvenile is CDS (controlled dangerous substance) possession or use. In this circumstance, a juvenile may have as many expungements as necessary to clear their record of these crimes so long as they have completed their supervision and the one year waiting period has passed.
It is certainly harder for adults to get expungements than it is for persons with juvenile delinquent offenses, but this is not to say that it is impossible or even difficult. In the most typical case, a person may have one indictable offense expunged from their record, provided that they have completed supervision and have waited ten years. For disorderly persons offenses, two of these may be expunged provided there is no criminal record, the person has completed supervision and a five-year waiting period has passed. Therefore, the main difference with the adult records is the relevant waiting period and the person’s criminal history has a more detrimental effect on their ability to obtain relief.
Here is a list of the degree of charges that the Law Office of The Law Offices of Jonathan F. Marshall handles:
- Indictable Offenses
- Disorderly Persons Offenses
- Township Ordinances
- Diversionary Programs (Conditional Discharge / Conditional Dismissal / Pretrial Intervention)
- Arrests not resulting in convictions
- Youthful Offenders (Drug related)
Experienced New Jersey Expungement Attorneys
An experienced attorney, though, will know best how to pursue your various expungement suit and obtain for you the best possible result. At The Law Offices of Jonathan F. Marshall we have over 200 years of collective experience getting people expungements and defending against criminal charges in Morris County. Our team of 8 criminal attorneys even consist of former prosecutors who know the ins and outs of each offense in the criminal code. They will be able to help you assess, first, whether you are eligible for an expungement and, two, how best to go about getting that expungement. So please, if you or a loved one has a record that you would like to have expunged in Morris County, do not hesitate to contact one of our offices today for a free consultation with an experienced attorney about the particulars of your case.