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What is an Expungement?

Expungement is a second chance.

New Jersey law allows you to erase certain criminal acts from your past by filing a Petition for Expungement. If an expungement is granted, in most circumstances it will “wipe the slate clean” by clearing your record of the charges and arrest. This means when you apply for a job, a school or any other time you’re asked whether you’ve been arrested, convicted or charged, you may truthfully say no. A criminal records check won’t reveal your past indiscretion either.

How do I get an Expungement?

Attorney Tara Breslow has helped numerous clients throughout New Jersey, including Monmouth County, Ocean County, Middlesex County and Union County with the expungement process. She will help you evaluate the past offense and determine whether you fit within the guidelines allowing expungement.

Generally, expungement requires a waiting period after an individual has been discharged from probation or parole and has paid all fines. New Jersey law provides the following guidelines for waiting periods:

  • A 10-year waiting period for indictable offenses such as aggravated assault, some drug crimes, fraud and theft crimes
  • A 5-year waiting period for disorderly persons or petty disorderly persons such as simple assault, harassment, petty theft and minor drug crimes
  • A 2-year waiting period for a municipal ordinance violation conviction

An expungement may be immediately available in some cases such as when charges have been dismissed. Completing a diversionary program such as Pre-trial Intervention (PTI) may also reduce the waiting period.

If you’re eligible for an expungement, Attorney Tara Breslow will work with you to file and prepare a Petition for Expungement and file it in the Superior Court or county where the arrest or prosecution occurred.

Although Expungement Orders are granted in many situations, not all offenses may be expunged. Convictions that may not be expunged include murder, aggravated sexual assault, robbery and certain drug offenses.

Also, under certain limited circumstances, your expungement may be revealed – this includes when applying for a job with a law enforcement agency or a position of high security with the State or Federal Government. The records may also be reviewed in determining eligibility for the Pre-trial Intervention Program (PTI) if arrested following expungement.

Attorney Tara Breslow has worked tirelessly with individuals who deserve a second chance. Often criminal charges arise from a single indiscretion, or from a difficult circumstance. She understands the benefit of a fresh start.

Call Attorney Tara Breslow in confidence for a free consultation to determine whether you’re eligible for an expungement. Don’t let one mistake dictate your future.