3 Tips to Remember When Getting Your Record Expunged

Tuesday, November 1st, 2016

Life is difficult, and sometimes you make mistakes that hurt others and yourself. Your life does not have to be over just because you made a mistake. Re-evaluating your situation can help you gain perspective on how you want the rest of your life to turn out. You might find that the first step in improving your life would be to find a qualified expungement lawyer to remove those mistakes from your public record.

At Charles Block, we work with clients in New Jersey on their expungements. An expungement is essentially wiping the criminal charges off your record, so that they do not affect things like your future employment opportunities, buying a home or getting a loan. Having a clean slate will allow you to stop focusing on the past and start focusing on your bright future.

Are you interested in getting your criminal record expunged, but you do not know how to prove to the judicial system that you are no longer a criminal? Here are three tips to remember before you file for expungement

Tip # 1 – Fool me once shame on you, fool me twice shame on me: Show that you are not a career criminal

You want to show the judicial system that you are not going to continue a life of crime. Having a job, going to school and volunteering all show the judicial system that you are not a career criminal. You want to show them that you made mistakes, but that you are truly remorseful. This is the first step on your road to recovery and renewment.

Tip # 2 – Finish all of the terms of your sentence

In many states, your record will not be expunged unless you show the judicial system that you have completed all the terms of your sentence. This could include fines, probation, fees, community service and restitution. Completing all the terms of your sentence shows the judicial system that you are responsible, remorseful and dedicated to moving on with your life.

Tip # 3 – Get a full and accurate background check

Having all of the correct information about you on record is important to see before filing for an expungement. In order to obtain an expungement, you will need to provide the judicial system with a case number, dates and additional information on your background check.

To obtain this information, you can contact the local courthouse where your charges took place, reach out to other state agencies or visit the FBI website. Another way is to have your expungement lawyer, like Charles Block, obtain all the information on your behalf.

If you reside in New Jersey and your criminal offense involves drug charges, a conditional discharge may be available to you. A conditional discharge is a diversionary treatment program for drug offenders. You would attend this treatment program instead of facing a jail sentence.

For more information about the top expungement attorney in Haddonfield, NJ, as well as other parts of New Jersey, browse our website. You can also call 856-741-1495 for a consultation.

Five Things to Know About Getting an Expungement in NJ

Wednesday, April 6th, 2016

 

Everybody goes through a tough time at one point or other, and sometimes our actions can result in harsh consequences. Those who are faced with criminal charges on their record may find that building a new life can prove difficult. When a record shows that there are criminal charges, it makes certain life necessities nearly impossible, such as getting a job, obtaining a mortgage, buying a car, taking out a loan, renting, and investing in a business. However, the circumstance can be reversed by obtaining an expungement. An expungement is the isolation and/or extraction of records regarding one’s criminal history. If you are interested in getting an expungement to clear your record, here are five things you should know about the process.

 

  1. 1.      You can Legally Say You Have Never Been Arrested if the Conviction is expunged.

Criminal record expungements in Gloucester County, NJ and the surrounding regions will eliminate civil disabilities put into effect as a consequence of your conviction or arrest. Once the record is cleared, you are legally allowed to claim under oath that you have never been arrested.

 

  1. 2.      Notify Private Database Companies about Your Expunged Record in Order to Have it Removed from Their Systems.

Even though the expungement will remove your record from the federal and state databases, it still lingers in the databases of private companies. To make sure that the data companies do not provide outdated information to employers and other entities, you must provide them with your expungement. Once you notify them of your sealed record, they are required to comply with the Judge’s Order in removing the outdated record.

 

  1. 3.      You Can Apply for an Expungement only if you are Eligible to do so.

 

In the state of NJ, there are several judicial and statutory grounds for denying an expungement. It is important to work with an experienced lawyer or perform extensive research to determine if you are eligible. Some situations that are considered to have ineligibility include if the crime was serious, having more than the number of allowable convictions, the case is still open, unpaid fines, and more.

 

  1. 4.     
    The Expungement Process Takes about 3 to 4 Months to Complete After Your Petition Has Been Filed.

The length of the expungement process is as follows: 1 – 4 weeks to file a petition with accompanying documents; 2 – 3 weeks to serve the filed copy of the petition to all applicable state and local government agencies; 4 – 5 weeks to provide Proof of Notice to the County Prosecutor’s Office and the County Criminal Case Management and obtain the County Prosecutor’s consent to move forward with the Expungement Hearing. Once the Judge executes the Order of Expungement, the Ordert must be served on all applicable state and local government agencies for compliance. It then takes 30 to 60 days for the agencies to update their records.

 

  1. 5.      The Purpose of an Expungement is to Provide Someone the Chance to Move Forward and Not be Burdened by Their Past Mistakes.

Concealing criminal records from view helps people who want to move on from their past and have access to new opportunities.

 

Getting an expungement may seem like a lengthy process but can be worth it in the long run. With an experienced expungement lawyer near Camden County, NJ, helping you with the expungement process, you can be at ease in knowing you are in good hands. If you are looking to have your record cleared so you can get your life back in order, contact me today for a consultation.

Everyone Has Made Mistakes, but Employers May Not be Understanding

Sunday, March 24th, 2013

More likely than not, you’ve done something in the past that you regret. If that regret happened to carry a criminal offense, it may be something that can cause major problems in the future. Although family and friends may be forgiving of past mistakes, potential employers don’t know you that well. Employers tend to be a lot less understanding of your past and rightfully so. Employers can’t possibly know the true character of every potential candidate. That being said, employers have an obligation to their stakeholders to find the most suitable employees. Hiring someone with a criminal past is certainly not as appealing to an employer as someone with a “clean” record.

The fact of the matter is that employers only have a limited amount of information to rely upon when screening potential candidates. Data on criminal offenses is certainly stronger than a personal or professional reference. Therefore, employees hold criminal background checks as a valuable resource. A poor hiring decision can prove to be extremely costly to an organization. The possibility of a potential lawsuit or the additional costs associated with replacing an unethical employee is more than enough to justify background checks. In fact, it is estimated that nearly seventy percent of all employers in the United States conduct criminal background checks prior to hiring. That number is even higher when considering more lucrative types of employment.

Employers now have access to a plethora of screening services and background checks are becoming increasingly thorough. Criminal charges may be hindering your career and perhaps unnecessarily so. Every criminal offense is unique and certain convictions are not eligible for expungement. However, many items on a criminal record are able to be expunged. Expungement refers to a legal process where certain records including: criminal complaints, arrests, warrants, fingerprints, and other items may become inaccessible through background checks. Furthermore, expungement often waives the ability of the court or other law enforcement to hold those particular items against you in legal proceedings. Feel free to give the attorneys at Charles Block a call to discuss expungements in more detail.

Being Smart This Holiday Season is Crucial To Staying Out of Hand Cuffs.

Tuesday, November 20th, 2012

While everyone is out enjoying the holiday with beer, wine and spirits the local police force is on patrol most likely not in the holiday spirit. Because the numbers of people on the roads increase dramatically during this time, it is not uncommon for the amount of check points to go up through these next couple of months.  Being smart this holiday season is crucial to staying in the company of your family and not with the counties finest this year.

It isn’t uncommon for people to get jammed up with the police while celebrating the holidays for getting a DUI and DWI in NJ. But by planning ahead you can keep yourself out of trouble and out of the local newspaper.  Before you go to a family members , friends or your local bar to celebrate make a few good decisions:

First, figure out how you are going to get your destination safely.

Second, make arrangements to get picked up before you go so that you aren’t stranded at the end of the night. No matter how old you are, your parents will always pick you up.

Third, if going to a family members or friend’s house bring a blanket and pillow so you can find a spot to crash. We all know that after a few drinks a couch or floor is just fine.

Lastly, be smart! Draw straws to see who the designated driver is. Sometimes we all have to put our pride aside and step up to keep our family and friends safe! Being this person is a big responsibility, but comes with the peace of mind knowing that not only will you get home safe and sound but also that the people you are with will as well. In some ways this can be the biggest present you can give. Also you won’t be looking for an expungement Lawyer in NJ to get rid of you DUI and DWI in Camden County NJ.

 

New Jersey Crimes Eligible for Expungement

Monday, May 14th, 2012

Certain criminal convictions are eligible for an expungement in New Jersey. In addition to determining the crimes which are eligible, it is equally important to determine the length of the waiting period from the date of your conviction to the date upon which you are eligible to file a petition for expungement You should have your criminal record expunged because background checks are now the norm. Many employers and educational institutions place a stigma on any person who has been arrested or convicted of a crime. It can also affect your employment opportunities, professional licensing boards and college applications. An expungement of your New Jersey record will prevent an employer from accessing your criminal record and allow you to lawfully answer “no” on an employment application.

Crimes which are Eligible for Expungement

In order to have your record cleared, you must first look at whether or not you are eligible to have the criminal conviction expunged.

Convictions for the following crimes are not eligible for expungement in New Jersey:

.Criminal Homicide (exception Vehicular Homicide)

.Kidnapping

.Luring or Enticing

.Aggravated Sexual Assault

.Criminal Sexual Contact if the victim is a minor

.Criminal Restraint

.Robbery

.Endangering the Welfare of a Child (if based on sexual contact or child pornography)

.False imprisonment

.Perjury

.False Swearing

.Distribution of Controlled Dangerous Substance or Possession of Controlled Dangerous Substances with Intent to Distribute

.Motor vehicle violations, DWI or DUI.

Waiting Period for Expungements

The following information is general eligibility requirements for an expungement and the waiting periods for filing a petition for expungement in New Jersey.

TYPE OF CONVICTION AND  TIME ELAPSED SINCE CONVICTION

Indictable two or more convictions – 10 years waiting period from completion of sentence

Disorderly Persons (up to 3 disorderly) – 5 years waiting period from completion of sentence

Petty Disorderly Persons – 5 years waiting period from completion of sentence

Municipal Ordinances – 2 years waiting period from completion of sentence

Juvenile Delinquency – 5 years waiting period from completion of supervision

Possession of CDS <21 years of age – 1 year period from completion of sentence

Arrests not resulting in Convictions – Immediately

Conditional Discharges/Pretrial Invention – 6 months

Length of Time Before Expungement is Complete

The expungement motion should be scheduled for 30 to 60 days from the filing of the expungement petition. Keep in mind that each county is slightly different as far as the time it takes to get your case listed on the expungement calendar.

Information Needed to Get Started

In order for an attorney to file your New Jersey expungement petition, specific information about the offense must be obtained. Such as summons or complaint number, arresting agency, criminal charge and corresponding statutory number, arrest date, and disposition. Without this information, the expungement cannot be appropriately filed or granted.