Recently in Expungements Category

January 1, 2010

NJ Expungement Law (2009 Update)

In this recent NJ expungement case decided on appeal, the court reiterated New Jersey law on the limit of disorderly persons crimes that may be expunged. No more than three prior disorderly persons convictions may be expunged. However, the petitioner seeking expungement in this case argued, unsuccessfully, that multiple conviction stemming from the same chain of events should be counted as single convictions for expungement purposes. Under the facts of this case the court disagreed.

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November 17, 2009

Mercer County State Assemblywoman To Introduce Second-Chance Laws

New Jersey State Assembly Majority Leader Bonnie Watson Coleman, a Democrat from Mercer County, is introducing a comprehensive package of new laws aimed at giving convicts a second-chance. The legislation will feature administrative and statutory reforms dealing with incarcerated inmates.

The bill would mandate that inmates in New Jersey state prisons participate in educational and vocational programs in order to improve the likelihood that they stay out of trouble after release. The bill will also introduce a commission tasked with finding ways to foster stronger ties between inmates and their spouses and children. Released inmates would be barred from working in establishments that serve alcohol.

The legislative package would also establish faith-based programs inside prisons and create special courts to deal with defendants with mental health issues. More controversial, the new law would make it illegal for employers to discriminate against job applicants who have criminal records. The bill would also broaden the scope of expungement availability.

Studies have shown that roughly 14,000 adult inmates and 1,600 juvenile offenders are released from state prisons, jails and youth facilities in New Jersey annually. Roughly 65 percent of the adults will be arrested again within five years, and 37 percent of juveniles will also be sent back to correctional facilities within two years of release.
It costs taxpayers roughly $35,000 a year to house and feed an incarcerated individual.

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October 13, 2009

New Jersey Expungement Process

A New Jersey expungement can help you clean up your record by removing your prior arrests and convictions from public view. In today's job market, any blemish on your criminal record can break your chances for getting a new job or keeping the one you already have.

Almost all potential employers require you to answer whether you have been arrested or convicted of a crime. Even if you already have a job, many employers conduct random background checks on their employees, especially when considering who to let go when times are tough. After obtaining a New Jersey expungement, you will be entitled to answer "no" to any question regarding your past record.

The process involved in obtaining an expungement is somewhat complicated. The process begins with hiring an experienced criminal defense attorney. Your attorney will review the information you provide regarding your record and determine if you are eligible for an expungement. If you are eligible, the next step is filing a petition for expungement, proposed order for an expungement hearing, proposed expungement order, and verification that you are eligible for a New Jersey expungement. These forms are highly detailed, and should only be prepared by an attorney. Any mistake can result in you having to start the process all over again.

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