Criminal Expungement Lawyer Stages of Expungement
New Jersey Criminal Expungement Attorney
When an attorney successfully expunges a client’s record, employers and college admissions departments are unable to obtain deprecating information that otherwise would have been available, and the client’s criminal history is no longer subject to public record. Expungement has immense benefits for a client, but it is also a deep and probing process that requires time, patience, and cooperation from every agency that was involved in the client’s conviction, including the police, prosecution, court system, and even the prison warden if jail time was served. My name is Anthony N. Palumbo, and I will make your expungement as simple as possible. As a former prosecutor, and criminal defense lawyer with 35 years of success, I have solid relationships with local officials in the legal community, giving me case-breaking insight on how to best present information before each official. This is why I am one of the most well reputed expungement lawyers in New Jersey.
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NJ Expungement Process
The process of expungement is not an easy road. First there is a waiting period that requires all eligible individuals to wait a certain amount of time before applying for expungement. The time period depends on the crime that was committed, but is usually between 2 and 10 years. Once the waiting period comes to an end, the expungement process will begin. It is a deep and probing procedure that requires patience, but has significant benefits to a successful applicant. The process is laid out in detail below.
Stage One: Gathering of Information
In the first state, the attorney gathers all information relating to the criminal event that the client wishes to have expunged. In order to do this, I order a full criminal record abstract, and often consult with police, courts, and law enforcement agencies to get all possible information that exists on the criminal event. The more information a client can provide on the event, the faster the expungement can be implemented.
Stage Two: Filing the Expungement Petition
There are many legal documents that must be gathered and submitted to court in order to get the expungement ball moving. The most important document is the petition for expungement which is a sworn statement discussing:
- Background information on the applicant
- Detailed explanation of every charge ever filed against the applicant
- Identifying information for each charge (i.e. complaint number)
- Date of conviction/disposition of each charge
- Detailed explanation of penalties imposed
After all the information is put into the petition and all other relevant documentation is secured, it is filed in court and a hearing will be set between 35 and 60 days from the date of filing. Copies of the documents must be forwarded to the state police, attorney general, prosecutor located where the arrest occurred, the prison where the client was held, and the municipal court.
Anthony N. Palumbo has obtained successful expungements in countless cases. This is why he is one of the foremost attorneys in New Jersey to handle expungement matters. Call 908-643-6801 for a free and confidential consultation.
State Three: Review
After all the documents have been filed, all parties that the documents have been forwarded to (i.e. police, attorney general, and prosecutor) review them to ensure the information is accurate, and that the individual is indeed eligible for expungement. If the state or one of the agencies finds that the individual is not eligible, an objection will be filed in court. Despite the fact that a hearing is the fourth stage, the court’s determination of whether a record may be expunged occurs mostly during the third stage. If there is an objection, the court will look at the objection and decide its validity. The objection may render the applicant ineligible, and if that happens then the fourth stage, the hearing, could be denied. However, if the application is not objected to, the process will proceed to the fourth stage.
Stage Four: The Hearing
The court will enter an order as to whether expungement may be granted. If there are no objections, the court will find the applicant eligible, and enter an order granting expungement.
State Five: Actual Expungement
If expungement has been granted, the order for expungement will be sent to all agencies holding records of the event. The records will be extracted from all files at each agency, and will also be sought from any other individual or entity that possesses them. Once gathered, these records will be placed in a secret file, and the holder of the secret file must then assure that the records will remain sealed.
An Experienced Expungement Attorney
If you would like to have your record expunged, I have obtained expungements for countless clients throughout New Jersey. It is important to recognize that with the immense benefits of expungement, there is a detailed process to undertake. I understand the intricate process of expungement, and as a former prosecutor, I can present the required information in a manner that will implement your expungement as smoothly as possible. If you have questions about the expungement process, including whether you are eligible for expungement, I can help you today. Contact me today for a free and confidential consultation at 908-643-6801 .
New Jersey expungement lawyer Anthony N. Palumbo, expunging criminal records throughout New Jersey in Monmouth County, Essex County, Hudson County, Middlesex County and Union County including Cranford, Elizabeth, Westfield, Mountainside, Clark, Linden, Plainfield, Roselle, Roselle Park, Rahway, Scotch Plains, and Garwood.