A criminal record can deny you lots of privileges in Bergen County. It may deny you an opportunity to land your dream job or secure an apartment. However, the laws of Bergen County allows for the Expungement of this record upon fulfilling certain conditions so that your criminal record does not ruin your future life. The county laws provide for the Expungement of criminal records for specific convictions, but with certain limitations.
Bergen county criminal Expungement: Record sealing
Expungement totally wipes out your criminal records. Nobody will access them since they are inexistent. Record sealing takes care of these records by blocking them, a process which makes for the public (including potential employers) to access them. This means that nobody will conduct a background check. However, your records can be reopened in the future, but this must be authorized by law through a court order.
Record Expungement: Eligibility criterion
In general, Bergen County allows you to conduct Expungement on the following types of records:
- Convictions arising from violations, misdemeanors, and class C felonies. However, Expungement can only occur after at least 3 years from the time of conviction. Also, you must have completed your entire sentence.
- If you were arrested but no charges pressed against you in a court of law. However, you must wait for at least one year after you were arrested.
- Criminal records of charges that a court dismissed or exonerated you from. With these records, there is no waiting period.
- You can have juvenile records expunged, but this can only happen 5 years after your conviction. Also, you mustn’t have any other charges pending.
Remember, sex records (including sex crimes, child abuse, and traffic offenses) cannot be expunged. Also, drinking under intoxication (DUI) records does not qualify for Expungement. Additionally, you must not have any conviction within the ten years prior to filing or have any other charges pending.
Expungement Procedure
First, you must file a request with the Bergen County court which convicted you. Then, you will be required to send a copy of the same to the attorney’s office. You must also send an original fingerprint card to confirm your identity. After confirming your identity; your prosecutor can either grant your request or reject it. Your victim will then be notified so that he/she can make a statement during the hearing.
The judge will then give his/her final decision and an order will be sent to the county state police. This process can take 2-12 months.
Does a pardon clear your criminal record?
A pardon restores all the legal rights you had lost after being convicted. Nobody will be prevented from knowing about it, however, apardon is a great option, especially for those who do not qualify for Expungement or their request is not granted.
Should You Hire a Lawyer?
The petition for Expungement process can be challenging, especially if you aren’t conversant with the relevant rules and regulation. Each case is unique and the laws governing Expungement alike. Therefore, it is vital that you consult a criminal lawyer before filing a petition with the court. At Schreyer law firm, they offer record Expungement services through our experienced lawyers,. Our lawyers will tirelessly work to wipe your record clean.
