Scenarios in Which Your Expungement Can Be Denied

Wednesday, August 13th, 2014

In the state of New Jersey, there are two scenarios that can leave you without the expungement you were hoping for, to wipe away a crime from your record:

  1. Ineligibility
  2. Objection to Your Petition

 

Why Would You Be Ineligible for an Expungement?

  • Prior Convictions- Numerous requirements must be met in order for an expungement petition to be eligible. An individual must not have other prior convictions. New Jersey courts take into account all previous crimes when considering eligibility of expungement petition
  • Pending Cases- Pending criminal charges are also considered by New Jersey courts. In most cases, if there are pending charges, the courts will find you ineligible
  • The Waiting Game- You must complete a waiting period which begins at either:
  • The enforcement date of sentence
  • Date all fines are paid
  • Date jail, parole or probation is completed (whichever date comes last)

Waiting times vary depending on severity of conviction

General waiting periods:

Felony Crime – 10 years

Misdemeanor – 5 years

Juvenile Adjudication – 5 years

Municipal Ordinance – 2 years

Young Drug Offender – one year

Diversion Program – six months

Dismissal – No waiting period

If you find that you are ineligible due to any of the waiting time requirements, you can have an expungement lawyer of NJ prepare your paperwork and help you apply later once you become eligible. This ensures that your record is cleared as soon as possible.

Do You Meet All of the Requirements, But are Still Denied?

After meeting all of the requirements, your petition for expungement could still be denied by a prosecutor if:

Expungement is not in the public’s best interest

The crime is considered too dangerous to be expunged

You do not prove to be rehabilitated after crime

If you are in need of assistance in getting a criminal charge wide clean from your record, contact my office today.

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.

Alternatives To Avoid Foreclosure

Thursday, September 6th, 2012

There are many options available to local residents facing foreclosure. The type of mortgage loan you have may determine what types of alternatives you may be eligible to pursue in order to avoid foreclosure. Keep in mind that it is important to contact your lender to discuss which alternatives you are eligible for, and which one is best for your situation.

Bring Your Payments Current (reinstatement)

Homeowners can reinstate a mortgage up to the day before a final foreclosure sale, and it doesn’t require lender approval. You may also pay your lender the full amount due, including all back payments, fines and fees.

Rent The Property

Renting the property is an option for homeowners who have mortgage payments low enough that a rental payment allows the loan to be paid. However, keep in mind that with rental properties, many expenses, taxes, insurance and landlord responsibilities are a factor, and rental income may not cover the full cost of ownership and maintenance.

Loan Modification

If you can make payments on your loan, but don’t have enough money to bring your account current, your lender may change the terms of your original loan to absorb your delinquent payments and make the payments more affordable. Your loan could also be permanently changed by adding the missed payments to the back end of the existing loan balance, lower the interest rate, make an adjustable rate fixed, or extend the number of years you have to repay your loan.

Refinance

If you have enough equity in your home and your credit is still in good standing, you may be able to refinance an unaffordable loan and achieve lower payments.

Payment Plan (forbearance)

A forbearance agreement means you pay only a portion of your regular payment or no payment at all for a specific period of time based on your current financial situation. This temporary solution provides time to save money, pay off other bills, find employment or additional employment, or recover from injury or illness. At the end of the forbearance period, you begin making regular payments as well as an additional amount to pay off the past due amount.

Bankruptcy

In some situations and in some states bankruptcy stalls the foreclosure process and may allow you to live in your home and repay your lender under different terms.

HUD Partial Claim

If your loan is an FHA insured loan, your lender may be able to obtain a one time payment from the FHA Insurance Fund to bring your mortgage loan current with payments.

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.