Disappearance of criminal record in New Jersey

In New Jersey, under certain circumstances, many people with criminal records can "kill" their records. Revocation is a procedure created by a law to effectively destroy criminal records by a single single offender. The annihilation of a record means that interrogation, detention, arrest, innocence or conviction is considered "not occurring" [person] In response, we can answer questions about its occurrence "(NJS 2C: 52 - 27).

The law clarifies that its main purpose is to "provide a relief to a first criminal who has brought a legitimate life and separated himself from torts" (NJS 2C: 52-32 ). Repeated offenders do not need to apply. Crimes against two disorderly persons or mildly disorderly people occurring following accused records can be an exception. These cases usually need to appear before the judge.

Records that may be erased include complaints, warrants, arrests, promises, processing records, fingerprints, pictures, index cards, "wrap sheets" and judicial records. Court's expiration order applies to all courts, detention facilities or correctional facilities, law enforcement agencies or criminal justice agencies within the Criminal Justice System of New Jersey. (NJS 2C: 52-1). Extended measures do not apply to the arrest or conviction of car crime including DWI because DWI occurs under the automobile code, not the criminal law. (NJS 2C: 52-58)

There are many reasons to delete criminal records. The most common are employment-related ones. More and more employers order investigations of criminal records of new employees and existing employees. Immigration and travel concerns are calling for others to exterminate. They are worried that at some point during immigration or international travel, even if the criminal record is old, it is not important even if it is old. Some people seek disinfection due to the closure of embarrassing events.

Lawyers do not need to apply for cancellation, but in this process we need to comply with the hearing schedule, compliance with process requirements, and the integrity of the mailing list. Nevertheless, laws and decommissioning measures are spelled out by law.

The availability of disinfection in certain cases depends greatly on the nature and date of the crime. In New Jersey, crime is classified as criminal offenses that can be charged (sentence of more than 1 year imprisonment), disorderly personal injury (DPO), mild disabled crime (PDPO), municipal ordinance violation It is.

DPOs, PDPOs and municipal ordinances may all be excluded subject to certain restricted statutory exceptions, but many prosecutable crimes can not be resolved. NJS 2C: 52-2 commits these crimes, including murder, kidnapping, most sexual offenses, robbery, kidnapping, disorder, negligent murder, brothers and sisters, criminal detention, crimes committing children's welfare and perjury Conspiracy It is in these. A conviction on a criminal offense by a civil servant or civil servant (or an attempt to commit such a crime) is convicted if the crime is "involved or touches such an office, position or employment, (NJS 2C: 52 - 2 b). If there is a possibility that the equivalent adult crime is resolved, the juvenile record of overdue may be erased.

Records possessing a small amount of drug (CDS) may be erased, but drugs are not sold or circulated. Also, there is no possession that it intends to sell. An exception is a small amount of hashish (5 grams) and marijuana (25 grams) sold or held with intention to sell. (NJS 2 C: 52 - 2 c).

If it is judged that a crime or event is likely to be erased it is essential to consider whether sufficient time has elapsed. The period begins from the date of conviction, not from the date of conviction, execution from the late date, either fine (full), probation or parole, or release from parents, from the date of conviction.

The period of indictable crime is ten years. If there is a disorderly crime, a boys' disorderly crime, a juvenile delinquency award, that period is five years. Regarding the violation of the district court, the term is two years. (NJS 2 C: 52 - 6), a period of six months is imposed if programs and supervising measures are required for dismissal (NJS 2 C: 52 - 6), there is no waiting period for arrest))) .

When the event is canceled and the required time has elapsed, confirm that the petitioner is not subject to pending claims (NJS 2C: 52-13), and the application is not prohibited by either of the following. NJS 2C: 52-14 "Reason for refusal to bail". If the petitioner can still qualify, we need to submit an application form.

This process begins with the submission of a revocation application. The petition must be accompanied by a check of 30 dollars to pay to the Secretary of State. The complaint must be confirmed and must include the date of birth of the complainant and the date of arrest (if any). It shall also be included, if any, of the laws and regulations that the applicant was arrested and / or convicted, the date of the original prosecution, the subpoena or complaint number, the date of the judgment or final disposition, disposal and penalty. (NJS 2C: 52-7).

At the time of application, the petitioner must attach to the application the oath statement that there is no pending criminal penalty, DPO or PDPO for the petitioner. If the petitioner is about to revoke the record of a conviction, he / she shall submit a statement that has never experienced the previous revocation. If the petitioner is downgraded by criminal case due to supervision handling or consent to the diversion program, the petitioner must submit a statement stating specific information on the initial request. (NJS 2C: 52-9).

After the complaint is properly submitted, the court gives an order stipulating the schedule of the hearing on the matter. The hearing is scheduled within 35 to 60 days after submission. (NJS 2C: 52-9). Within five days from the date of setting the date of hearing, a copy of each application form and a copy of all backing documents shall be processed pursuant to the court rules of the following persons or agencies.

a. National Police Commissioner,

b. New Jersey Attorney General,

c. County 's county public prosecutor where the court is located,

d. Police chief ... The municipality where the crime was done,

e. The highest law enforcement officers of other law enforcement agencies who participated in arrest,

f. A supervisor or administrator of the facility where the complainant is bound. And

g. If the disposition is done by the municipal court, it shall be submitted to the magistrate of the court.

(New Jersey 2 C: 52 - 10)

These parties will have the opportunity to challenge the disinfection. Before the hearing, no one opposes cancellation and the court can approve the order without the need for hearing, if there is no opposition reason stated in NJS 2C: 52-14. (NJS 2C: 52-11). When the order is granted, the court clerk informs the appropriate law enforcement agencies and criminal justice agencies to delete all relevant records.

The expungement procedure is not complicated, it is done strictly. That is a useful law. For the proper petitioner, the revocation will reopen the door of the closed opportunity, bring peace of mind to the old loose end, restore confidence in the disappointed worker, or else one time I will fulfill the purpose of helping the culprit.

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