A Six-Step Guide to Expunging Criminal Records in New Jersey

Size: px
Start display at page:

Download "123456 A Six-Step Guide to Expunging Criminal Records in New Jersey"

Transcription

1 Clearing Your Record 2012 Legal Services of New Jersey Legal Services of New Jersey makes this publication available for use by people who cannot afford legal advice or representation. It may not be sold or used commercially by others. You may copy this publication for personal or educational use only. Copies may not be modified and must retain the information identifying Legal Services of New Jersey and the date the materials were produced. The information in this manual is accurate as of 2014, but laws often change. Please check our website, for updates to this manual or talk to a lawyer for up-to-date legal advice. Clearing Your Record A Six-Step Guide to Expunging Criminal Records in New Jersey Written and Published by Legal Services of New Jersey

2 Copyright 2012 Legal Services of New Jersey All rights reserved. The forms in this manual may be copied for your personal use only. No other part of this manual may be reproduced without permission. For further information, contact: Legal Services of New Jersey, P.O. Box 1357, Edison, NJ

3 Contents Preface....2 Introduction...4 Step 1: Are You Eligible?....6 Step 2: Locate Your Records...12 Step 3: Complete the Forms...13 Step 4: File and Serve the Forms Step 5: Go to the Hearing...19 Step 6: Serve the Expungement Order...19 How to Get Your Criminal History Record from the New Jersey State Police...20 Conclusion...21 Common Frequently Asked Questions...22 New Jersey Criminal Case Management Offices...23 New Jersey County Prosecutors...24 County Identification Bureaus...25 Expungement Forms...26

4 Preface Legal Services of New Jersey (LSNJ) coor di nates the state wide Legal Services system in New Jersey, providing free legal assis tance to low-income people in civil matters. Part of Legal Services mission is to make people more aware of their legal rights and provide helpful infor ma tion if they choose to pursue a legal case on their own. Aware ness may allow you to resolve some prob lems on your own, without the need for a lawyer, or to make better use of a lawyer if you have one. About This Manual This manual provides basic information about how to clear (expunge) a record of arrest or convic tion. In the limited circum stances where expungement is possible, the process is rela tively simple and usually can be managed without the help of a lawyer. Legal Services offices rarely provide repre sen ta tion in such cases because their scarce resources are needed in other areas. This manual is provided in place of a lawyer. It is intended to permit people to help them selves. A Word of Caution About Using This Manual This manual does not give advice about a partic ular legal problem that you may have, and it is not a substi tute for seeing a lawyer when you need one. Talk to a lawyer if you think you need the help. The infor ma tion in this manual is accu rate as of November 2014, but laws often change. Please check our website, for updates to this manual, or talk to a lawyer for up-to-date legal advice. If You Need a Lawyer If you are a low-income New Jersey resi dent, you may be eligible for legal help from a Legal Services office in your area. You can find a list of regional Legal Services programs and tele phone numbers on our website, You may also be eligible for free legal advice from LSNJLAW SM, Legal Services of New Jersey s state wide, toll-free legal hotline. You may apply online on the Hotline Web Intake form at The hotline tele phone number is LSNJ-LAW ( ). Outside of New Jersey, please call (732) and ask to be trans ferred to the hotline. Hotline hours are Monday through Friday, 8 a.m. to 5:30 p.m. If you are eligible, the hotline will help you 2012 Legal Services of New Jersey Clearing Your Record 2

5 Preface through the expungement process. To find a private lawyer, call the lawyer referral service of your county bar asso ci a tion. Acknowledgments This edition of Clearing Your Record was revised by LSNJ Senior Attorney Steph anie Setzer, LSNJ Supervising Attorney Akil S. Roper, LSNJ Paralegal Sevil Modeste, and LSNJ s Pris oner Reentry Project staff. Susan Perger, LSNJ Director of Publications and Web Operations, handled the editing, design, and layout. Thanks to Charles David, LSNJ Webmaster, for posting the Web edition of this manual. Comments or Sugges tions We hope that this manual will be helpful to you. Please let us know if you have comments or sugges tions that we might use in future editions. us at Publi ca or write to us at: Legal Services of New Jersey P.O. Box 1357 Edison, New Jersey Melville D. Miller, Jr. Pres i dent Legal Services of New Jersey 2012 Legal Services of New Jersey Clearing Your Record 3

6 Introduction A record of an arrest or convic tion can haunt a person forever. Appli ca tions for schools, jobs, and mili tary service often ask if an appli cant has a crim inal record. Many people can solve this problem because they are eligible to clear (expunge) their New Jersey crim inal record. New Jersey law provides a limited right to expungement. The purpose of New Jersey s expungement law is to give a person who has either one or very few convic tions a fresh start. The law also provides for the removal of records of arrests where the arrest did not end in a convic tion. The law care fully defines who is eligible to expunge a crim inal record. An eligible person must prepare a Peti tion for Expungement and file it in the Supe rior Court in the county where the arrest or pros e cu tion took place. A judge then decides whether to issue an Expungement Order. An Expungement Order means that, with some excep tions, the crim inal proceed ings never happened. It also allows the person to fill out school, job, and mili tary appli ca tions truth fully without having to reveal that he or she was once arrested or convicted. Records Required to Be Kept Private When an expungement is granted, law enforce ment agen cies are required by law to keep that person s records private. However, the law does allow expunged records to be used later in certain cases. Should the person ever again become involved in any crim inal proceed ings, the records can be used. This means that, if the person is arrested following expungement, his or her past records will be consid ered in deciding eligi bility for the pretrial inter ven tion program (PTI), bail, or proba tion. If a crime victim files a claim with the Victims of Crime Compen sa tion Office, the expunged records of the person convicted of the crime can be used in connec tion with the claim. If the crim inal activity or arrest results in the person being incar cer ated, the Depart ment of Correc tions is allowed to use the records in deciding how to clas sify and assign the pris oner within an insti tu tion. Also, following a convic tion and a jail sentence, expunged records can be used in deciding eligi bility for parole (early release). Further, even if you were granted an expungement, your record may still be kept in the Pretrial Inter ven tion Registry pursuant to R. 3:28(e), and reports of your record may be filed as required under the Controlled Dangerous Substance Registry Act of Legal Services of New Jersey Clearing Your Record 4

7 Introduction Many people want to go through the expungement process so that they can have a clear record when they apply for jobs. However, the law allows excep tions where expunged records may be consid ered, such as when a person applies for a job with a law enforce ment agency. This includes jobs with state, county, and local correc tions depart ments; pros e cu tors; courts; and police. This does not mean that those agen cies will never employ people with records, but it does mean that those applying must still reveal the exis tence of an expunged record on a job appli ca tion. Agen cies not asso ci ated with law enforce ment that require infor ma tion about a person s crim inal record prior to expungement (such as the Real Estate Commis sion or the Depart ment of Insur ance) cannot be ordered legally to correct their records after an Expungement Order is granted. Such agen cies are beyond the reach of expungement orders and may continue to publi cize such infor ma tion. The expungement proce dure is fairly simple. This manual will tell you the exact steps to follow. It has been prepared to help you expunge your record if you cannot afford a lawyer. If you can afford an attorney and decide that you want him or her to take you through this process, the infor ma tion in this manual may help you to decide whether or not you are eligible for an expungement. What is N.J.S.A. 2C:52? The laws, also referred to as stat utes, made by the New Jersey Legis la ture are kept in a set of bound, green-colored volumes, called New Jersey Stat utes Anno tated (N.J.S.A.). These books are numbered and have titles. There are chap ters in each book, and arti cles in each chapter. So N.J.S.A. 2C:52-1 means that the law on expungement can be found in N.J.S.A., title 2C, chapter 52, article 1. Note: There are three volumes of N.J.S.A. books listed as Title 2C Code of Crim inal Justice. Besides the law on expungement, these books also contain most of New Jersey s laws dealing with arrests, crimes, and punish ment Legal Services of New Jersey Clearing Your Record 5

8 Step 1: Are You Eligible? The answer to this basic ques tion depends on the type and number of crim inal records you have.* The type of records means whether a convic tion was for an indict able offense (gener ally an offense punish able by six months of jail time or more), for a disor derly persons offense (gener ally an offense punish able by less than six months of jail time), or for a viola tion of a munic ipal ordi nance. Note that, even where an indict able offense carries a penalty of six months or more of jail time, a judge is permitted, in some cases, to sentence you to proba tion instead of time in prison. If the convic tion or guilty plea occurred in the Supe rior Court in the county in which the crime occurred, the offense was prob ably an indict able offense. If, on the other hand, the convic tion or guilty plea occurred in a local munic ipal court, it was prob ably a disor derly persons offense or munic ipal ordi nance viola tion. Note: Motor vehicle convic tions, most of which occur in munic ipal court, may not be expunged. This is because they are not crim inal convic tions, but instead are viola tions of the motor vehicle code. This includes driving under the influ ence of alcohol or drugs. Expunging an Indict able Convic tion A person whose record consists of just one convic tion of an expungeable indict able offense may expunge the record of that convic tion as long as he or she has not been convicted of more than two disor derly or petty disor derly persons offenses in New Jersey or any other state. If you have been convicted of two or more indict able offenses, whether those convic tions were in New Jersey or any other state, you may not expunge your crim inal convic tion record. In some instances, the court may consider the nature of any subse quent disor derly persons convic tions, even if there is only one, and the circum stances surrounding them when consid ering a peti tion to expunge an indict able convic tion. Except for the circum stances outlined below, you must wait at least 10 years from the date of the convic tion, payment of fine, comple tion of proba tion or parole, or release from jail which ever is later before applying to expunge a record of a convic tion of an indict able offense. *Only New Jersey convic tions and arrests may be expunged in New Jersey. If you want to expunge a record from another state or a convic tion or arrest for a federal offense, you must contact the court system in that state or the federal court system to deter mine whether you may expunge that record Legal Services of New Jersey Clearing Your Record 6

9 Step 1: Are You Eligible? Expungement Law Amended in 2010 The expungement law was amended in 2010 to allow the court to grant an expungement of an indict able offense although less than 10 years have passed from date of the convic tion, payment of fine, comple tion of proba tion or parole, or release from prison which ever is later where: Fewer than 10 years have passed since the payment of a fine (but the waiting requirement has otherwise been met), and the court finds that the peti tioner has been making payments on a court-autho rized payment plan, or could not do so because of compel ling circum stances. (This might include the amount of the fine imposed, the person s age at the time of the offense, the person s finan cial condi tion, and other circum stances affecting the ability to pay.) or At least five years have passed since the date of conviction, payment of fine, completion of probation or parole, or release from incarceration whichever is later; the petitioner has had no further convictions for an indictable offense, disorderly persons or petty disorderly persons offense, and the court finds that expungement is in the public interest giving due consideration to the nature of the offense and the applicant s character and conduct since the conviction. Convic tions That Cannot Be Expunged Crim inal homi cide (except death by auto as spec i fied in N.J.S.A. 2C:11-5) Kidnap ping Human traf ficking Luring or enticing Aggra vated sexual assault Aggra vated crim inal sexual contact Crim inal sexual contact (if the victim is a minor) Crim inal restraint (if the victim is a minor and the offender is not the parent of the victim) False impris on ment (if the victim is a minor and the offender is not the parent of the victim) Robbery Arson and related offenses 2012 Legal Services of New Jersey Clearing Your Record 7

10 Step 1: Are You Eligible? Terrorism Producing or possessing chem ical weapons, biolog ical agents, or nuclear or radio log ical devices Endan gering the welfare of a child by engaging in sexual conduct that would impair or debauch the morals of the child Endan gering the welfare of a child by photo graphing or filming a child in a prohib ited sex act or simu lated sex act, or repro ducing or recon structing such an image Causing or permit ting a child to engage in a prohib ited sexual act Selling or manu fac turing child pornog raphy Know ingly promoting the pros ti tu tion of the actor s child Perjury False swearing Conspir a cies or attempts and to attempt such crimes. Also, certain addi tional crimes, if committed prior to September 1, 1979, cannot be expunged: Manslaughter Treason Anarchy Rape or forc ible sodomy Embracery Conspir a cies or attempts to commit any of the fore going; or aiding, assisting, or concealing persons accused of the fore going crimes. Controlled Dangerous Substances Convic tions for the sale or distri bu tion of a controlled dangerous substance or posses sion with the intent to sell cannot be expunged, except in cases where the crimes involve: Mari juana, where the total quan tity sold, distrib uted, or possessed with intent to sell was 25 grams or less; or Hashish, where the total quan tity sold, distrib uted, or possessed with intent to sell was 5 grams or less Legal Services of New Jersey Clearing Your Record 8

11 Step 1: Are You Eligible? In addi tion, convic tions for third or fourth degree crimes involving sale or distri bu tion or posses sion with intent to sell a controlled dangerous substance may be expunged where the court finds expungement is in the public interest, consid ering the nature of the offense and the char acter and conduct of the peti tioner since the convic tion. In such cases, the court must consider whether the need for avail ability of the records outweighs the peti tioner s interest in expunging the records. Finally, any crime committed by a person holding any public office, or conspiracy or attempt to commit such a crime, cannot be expunged if the crime involved or touched such office. Expunging a Disor derly Persons Convic tion Indi vid uals whose records consist of one to three disor derly or petty disor derly persons offenses may expunge their crim inal record as long as they have not been convicted of an indict able offense in New Jersey or any other state. If you have been convicted of four disor derly or petty disor derly persons charges, you may not expunge your convic tion record. Before applying to expunge a record consisting of three or fewer petty disor derly or disor derly persons convic tions, you must wait five years from the date of the convic tion, payment of the fine, comple tion of proba tion or parole, or release from jail which ever is later. Expunging a Munic ipal Ordi nance Convic tion Munic ipal courts also hear cases involving viola tions of munic ipal ordi nances (town laws). If the convic tion was for a viola tion of a munic ipal ordi nance, the sentence could not have been for more than 90 days or a $200 fine. Some exam ples of actions not allowed by munic ipal ordi nances include littering, obscenity, curfew viola tions, unleashed pets, and loud radios. To expunge a convic tion for a viola tion of a munic ipal ordi nance (not including traffic offenses), the require ments are the same as for disor derly persons offenses, except that the waiting period is two years from the date of convic tion, payment of fine, satis fac tory comple tion of probation, or release from jail which ever is later. Young Drug Offenders Get Special Consid er ation for Certain Convic tions A person who was 21 or younger at the time of the offense of possessing a controlled dangerous substance, or of selling, distrib uting, or possessing 2012 Legal Services of New Jersey Clearing Your Record 9

12 Step 1: Are You Eligible? mari juana or hashish with the intent to sell it, may be eligible to apply for expungement one year after the convic tion if: The convic tion was for posses sion of a controlled dangerous substance; or The total amount of the mari juana sold, distrib uted, or possessed with intent to sell was 25 grams or less; or The total amount of hashish sold, distrib uted, or possessed with intent to sell was 5 grams or less. To be eligible, the following things must be true: You did not violate any conditions of your parole or probation after discharge. You were not convicted of any previous or subsequent crime or drug offense. You did not have a prior criminal matter dismissed because of acceptance into a supervisory treatment or other diversion program. Crimes That Have the Same Dispo si tion Date In certain limited cases, the court may count convic tions that have the same dispo si tion date as one indict able or one disor derly persons offense. For example, if your crim inal record contains several convic tions with the same dispo si tion date, the court will consider whether the crimes occurred on the same day or within a short period of time and so may be consid ered a crime spree. If they are deter mined to be a part of a crime spree, they will be counted as only one convic tion. However, if the crimes or offenses were committed on sepa rate occa sions, they may be counted as sepa rate convic tions. Expunging an Arrest Record Many people believe that if they were arrested but not convicted (either because they were found not guilty or because the charges were dismissed (dropped), their record remains clean. However, this is not true. In fact, a record of an arrest may cause as many prob lems as one indi cating a convic tion. It is, there fore, as impor tant to expunge an arrest record as it is to expunge the record of a conviction. If you were arrested for any offense but not convicted (either found not guilty or the charges were dismissed), you are eligible for an expungement at any time. There is one excep tion, however. If you were found not guilty by reason of insanity, expungement is not permitted at all Legal Services of New Jersey Clearing Your Record 10

13 Step 1: Are You Eligible? Pretrial Intervention, Supervisory Treatment, Condi tional Discharge, and Other Diver sion Programs If you were awarded pretrial inter ven tion (PTI) in your case, and your case was subse quently dismissed after you completed the PTI, you will still have an arrest record that can be expunged like any other arrest record. See Expunging an Arrest Record, above. If your case was dismissed after you completed a super vi sory treat ment program or your case was condi tion ally discharged pursuant to the New Jersey Controlled Dangerous Substance Act, N.J.S.A. 2C:36A-1, you must wait six months after comple tion of those programs before filing your peti tion. A judge can deny your Peti tion for Expungement of convic tions that were entered after or before the comple tion of a super vi sory treat ment, PTI, or diver sion program. Note: Whether you are attempting to expunge a disor derly persons offense, a petty disor derly persons offense, or a crim inal charge, if you have before or after that convic tion been granted dismissal of crim inal charges following comple tion of a super vi sory treat ment or other diver sion program, such as pretrial inter ven tion (PTI), your peti tion will be denied. Megan s Law If you have been convicted of a crime and are required to comply with the reporting and regis tra tion require ments of Megan s Law, the court, in its discre tion, may deny your peti tion. The court may deter mine that the need for the avail ability of your crim inal record outweighs the desir ability of expunging the record. However, the court will only use its discre tion to deny the expungement if there is an objec tion from one of the parties who received notice of the filing of the peti tion. Other Requirements Before You Can File a Peti tion for Expungement You must not have any charges pending or other wise still open when you file a Peti tion for Expungement, and you must certify to that on your Peti tion. Also, you must certify that you have never been granted an expungement of an indict able offense in New Jersey or in any other state. And finally, if your case has been dismissed as a result of comple tion of a super vi sory treat ment or other diver sion program, you must indi cate the nature of the orig inal charge, the court of dispo si tion, and the date of dispo si tion Legal Services of New Jersey Clearing Your Record 11

14 Step 2: Locate Your Records Was a Plea Bargain Involved? If you had one or more charges dismissed or discharged as the result of a plea bargain agree ment in which you agreed to a convic tion on other charges, that convic tion must be expunged before the arrest record of the dismissed charges can be expunged. Example: John was charged with harass ment and simple assault, both disor derly persons offenses. In court, John agreed to plead guilty to the assault charge in exchange for the harass ment charge being dropped. As a result, John was never convicted of harass ment, but the arrest for harass ment still exists. For the harass ment arrest to be expunged, he would first have to expunge the assault convic tion, and he could then expunge the record of the arrest on the harass ment charge. Thus, the five-year waiting period (see Expunging a Disorderly Persons Conviction on page 9) would apply to both charges. Do You Have an Out-of-State Crim inal Record? The state of New Jersey cannot expunge a crim inal record from another state. However convic tions from another state are counted toward the number of convic tions that are allowed for expungement of a crim inal record under New Jersey law. For this reason, out-of-state convic tions must be listed in the peti tion for expungement. The crim inal record from another state will count as an indict able offense if the elements of the crime committed are similar to the elements of an indict able offense in New Jersey. Simi larly, the out-of-state convic tion will be treated as a disor derly persons charge if the elements of the charge are similar to the elements of a New Jersey disor derly persons charge. Step 2: Locate Your Records In order to prepare your expungement peti tion and prove your eligi bility, you will need to get the following infor ma tion: The date of your arrest. The statute(s) and the offense(s) for which you were arrested or convicted. (Note that, if the offenses were reduced from the orig inal charges, these will be different.) The orig inal indict ment, summons(es), or complaint(s)/docket number(s) Legal Services of New Jersey Clearing Your Record 12

15 Step 2: Locate Your Records The date of the convic tion or the date the charges were dismissed if you were found not guilty (also called date of dispo si tion if no convic tion resulted in the statute). The court s dispo si tion of the matter and the specific punish ment imposed, if any, including the dates any fines were paid. Get any of the above infor ma tion that you are missing. If you had an attorney when you were arrested and charged, check first to see if he or she has this infor ma tion in your case file. If so, this can save you quite a bit of time. If you must locate your records on your own for an indict able/crim inal convic tion or arrest, contact the Crim inal Case Manage ment Office (see page 23) in the county where the arrest or convic tion occurred, and take some personal identification, such as a driver s license or a birth certif i cate. You might also contact the county pros e cutor (see page 24) and explain that you are inter ested in expunging your records and ask for the infor ma tion listed above, or ask to look at your file if this is permitted. You may also be able to find infor ma tion you need on disor derly offenses by contacting the clerk of the munic ipal court(s) in which you were pros e cuted or the police depart ment involved in your arrest(s). If you cannot get all of the infor ma tion you need, you will have to get a copy of your crim inal record from the New Jersey State Police. See instructions for obtaining your crim inal history record on page 20. You can also find the instruc tions and the form you will need to fill out on the New Jersey State Police website, Note: The State Police will only have a rap sheet if you were finger printed when you were arrested. If you were not finger printed, and only a complaint was signed against you when you were arrested, you will still have a record of the arrest to expunge at the police depart ment, but you will not have a rap sheet within the Divi sion of State Police, State Bureau of Inves ti ga tion. Step 3: Complete the Forms The Peti tion for Expungement states that you are requesting an Expungement Order and states why you qualify. Remove Form 1 from this guide (or make copies) and fill in the blanks Legal Services of New Jersey Clearing Your Record 13

16 Step 3: Complete the Forms Fill in your name, address, tele phone number, and Social Secu rity number at the top left-hand side of the form. At the top right-hand side, enter the name of the county in which you will be filing the Peti tion for Expungement. You may file the peti tion in the county where you were arrested. If you were arrested in more than one county, contact the Crim inal Case Manage ment Office in either county and ask whether they will allow you to file for expungement of your entire record in that county. Leave the space above Docket No. blank. The court clerk will give you a docket number and will fill in the blank. Where it states In the Matter of the Expungement of the Crim inal Records of, put your full name. Then, where it states, I,, fill in your name, and where it states residing at, enter your current address. Put your date of birth in para graph 1. In para graph 2, enter the date on which you were arrested and the town in which you were arrested. Then fill in the name of the offense you were charged with and give the New Jersey statute under which you were arrested. If you were charged with multiple offenses in one arrest, list each offense sepa rated by a semi-colon. Then list each corre sponding statute in the space provided, also sepa rated by a semi-colon. Fill in the orig inal indict ment, summons, or complaint number(s) in para graph 3. If the charge against you was dismissed, fill in para graph 4. (If the charge against you was not dismissed, cross out para graph 4 and go to para graph 5.) Fill in the date on which the charge was dismissed, the name of the charge that was dismissed, and the name of the court that dismissed the charge for example, Supe rior Court of New Jersey, Ocean County, or Munic ipal Court of the Town ship of Edison. If you did not partic i pate in a condi tional discharge or pretrial inter ven tion program, cross out after a condi tional discharge or pretrial inter ven tion program completed. If you were convicted or pleaded guilty to the charges, fill in para graph 5. Fill in the date on which you pleaded or were found guilty, the name of the offense you pleaded guilty to, and the statute under which you pleaded guilty. (Remember, this is the statute under which you pleaded or were found guilty, not the statute under which you were arrested.) You also must indi cate what the sentence was. For example, the sentence could have been jail/prison time, a fine, resti tu tion, proba tion or parole, or a combi na tion of these. You should indi cate the date on which you were released from prison, the date the fine was paid, and/or the date on which proba tion or parole was completed in the spaces provided Legal Services of New Jersey Clearing Your Record 14

17 Step 3: Complete the Forms If you are trying to expunge more than one convic tion or arrest, fill in para graphs Other wise, cross out those para graphs that do not apply. Sign and print your name at the bottom of page 4 where indi cated. Note: Make sure that you fill in or cross out all of the blanks on Form 1, including your date of birth. You must also complete the veri fi ca tion on page 5 of the peti tion, indi cating that there are no disor derly persons, petty disor derly persons, or crim inal charges pending against you. If you are seeking expungement of a convic tion of an indict able offense, you must also include an affi davit that you have never been granted expungement, sealing (the prior name for expungement in New Jersey), or other relief regarding a crim inal convic tion. If you are not seeking expungement of an indict able convic tion, cross out para graph 3 of the veri fi ca tion. The veri fi ca tion must be nota rized. If you are filing for the early expungement of an indictable conviction under the recent amendments, you must complete either the Certification in Further Support of Petitioner s Expungement Application Under N.J.S.A. 2C:52-2(1) (Modified Payment of Fine) (Form 10), or the Certification in Further Support of Petitioner s Expungement Application Under N.J.S.A. 2C:52-2(2) (Public Interest) (Form 9), whichever is applicable. Fill in your name, contact information, and criminal charge information the same as in your Petition for Expungement. In Paragraph 11 of the Certification in Further Support of Petitioner s Expungement Application Under N.J.S.A. 2C:52-2(1) (Modified Payment of Fine), you must describe why the court should excuse the fact that you were unable to pay the fine within the normal 10-year period. You should also attach any relevant documents, as indicated, as exhibits after the appropriate Exhibit pages at the back of the Certification. In Paragraph 4 of the Certification in Further Support or Petitioner's Expungement Application under N.J.S.A. 2C:52-2(2) (Public Interest), you must attach court documents related to your criminal conviction, including pre-sentence reports, judgments of conviction, and plea and sentencing transcripts, if they are available. You can obtain these documents from the Superior Court where you were convicted Legal Services of New Jersey Clearing Your Record 15

18 Step 3: Complete the Forms In Paragraph 11, you must list evidence of your positive and/or rehabilitated character and conduct since the conviction and then attach copies (Exhibit C) at the back of your Certification. Note: If you were convicted of a third or fourth degree CDS crime, you must also complete the Certification in Further Support of Petitioner s Expungement Application Under N.J.S.A. 2C:52-2(2) (Public Interest). Next, fill out the Order for Hearing (Form 2). The Order for Hearing is used by the judge to schedule a hearing. The Supe rior Court judge assigned to your case will schedule a hearing between 35 and 60 days after he or she gets your peti tion. Fill in your name and address at the upper left-hand corner. Indi cate the county in which you will be filing your peti tion. Again, the clerk will fill in the docket number, so leave that space blank. Where it states In the Matter of the Expungement of the Crim inal Records of, put your name. Fill in your name in the first space after This matter having been opened to the Court upon the annexed Peti tion of. Also, fill in the blanks at the bottom of the page where it asks for the pros e cutor of the county where you were arrested, the chief of the police depart ment of the town where you were arrested, and the magis trate of the town munic ipal court where you were arrested. If you were incar cer ated, fill in the name of the prison warden/admin is trator. If you were not incar cer ated, you may leave this blank. The judge will sign the order, so leave the next space blank. Fill out the Expungement Order (Form 3). At the top left-hand corner, put your name and address, and at the top right-hand side, indi cate the county in which you will be filing your peti tion. Leave the space above Docket No. blank. Next, in the first line of the Expungement Order, after Veri fied Peti tion of, enter your name, then your address. Leave the next three spaces blank, and after the Clerk(s) of the Munic ipal Court(s) and Chief(s) of the Police Depart ment(s), fill in the name of the town in which you were arrested. If you were arrested in more than one town, enter the names of all of the towns. Then, enter the county of the pros e cutor(s) in the county or coun ties where you were arrested. Enter your name in the next blank. In the last spaces on the first page of Form 3, enter the dates you were arrested and the statute(s) under which you were arrested. Leave the signa ture line on the second page blank. The judge will sign the order Legal Services of New Jersey Clearing Your Record 16

19 Step 4: File and Serve the Forms Step 4: File and Serve the Forms Next, make three copies of your nota rized Peti tion for Expungement (Form 1), Order for Hearing (Form 2), and proposed final order (Form 3: Expungement Order). Deliver or mail the orig i nals and two of the photo copies (keep one copy of each for your records), two self-addressed, stamped enve lopes, and the cover letter (Form 4) to the Crim inal Case Manage ment Office in the county where the arrest and/or pros e cu tion occurred. See page 23 for a list of the county offices where forms should be mailed, along with tele phone numbers. There is a filing fee of $75. Courts are supposed to accept personal checks, but many do not, so you should include a money order or certi fied check. Please see page 23 for the list of County Crim inal Case Manage ment Offices for the proper way to make out the check or money order. If you are unable to pay the filing fee, you may apply to have the fee waived. Fill out Form 5 (Affi davit of Indigency) just as you filled out the other forms. Your name and address should be filled in at the upper left-hand corner, and the county where you are filing the peti tion should appear in the blank on the right-hand side where it says County. Where it states In the Matter of the Expungement of the Crim inal Records of, fill in your name. Enter your Social Secu rity number on the next line. Your name goes in the first blank in the affi davit. You must indi cate your present income in the space provided. For example, 1. My present income is $ per week. You must sign the affi davit and have it nota rized before submit ting it to the court. One copy of the Peti tion for Expungement, Order for Hearing, and proposed final order will be mailed back to you marked Filed and with a docket number. The Order for Hearing will also state the time and the date for your hearing. Imme di ately after receiving the filed copies from the court, make at least seven copies of the Peti tion for Expungement, Order for Hearing, and proposed final order. After you receive a filed copy of the Peti tion for Expungement, Order for Hearing, and proposed final order from the clerk, mail one copy of each, imme di ately, via certi fied mail, return receipt requested, to each of the following: The Attorney General The Super in ten dent of State Police, Expungement Unit 2012 Legal Services of New Jersey Clearing Your Record 17

20 Step 4: File and Serve the Forms The county pros e cutor The magis trate or the court clerk of the munic ipal court if the matter was heard by a munic ipal court The chief of police or other head of the police depart ment where the offense was committed or the arrest was made The chief law enforce ment officer of any other New Jersey law enforce ment agency that partic i pated in the arrest The warden/admin is trator of any insti tu tion in which you were incar cer ated, if appli cable For State Grand Jury cases: Divi sion of Crim inal Justice, Atten tion: Records and Iden ti fi ca tion, 25 Market Street, P.O. Box 085, Trenton, New Jersey For condi tional discharge (CD) and pretrial inter ven tion (PTI), the county proba tion depart ment. You may use the cover letter (Form 6) when mailing to these agen cies. Mail the copies of these forms right away, as the statute mandates service or mailing within five days from the date of the order. Mail them at the post office, by certi fied mail, return receipt requested. After you have received the certi fied mail return receipt cards back from the post office, contact the Crim inal Case Manage ment Office in the Supe rior Court, and ask the clerk whether the court requires that the proof of mailing be submitted at or prior to the hearing. If the proof of mailing is required to be submitted prior to the hearing, submit the certi fied mail receipts and the Proof of Notice (Form 7) pursuant to the clerk s instruc tions. If proof is required to be produced at the hearing, make sure that you take the green certi fied mail return receipt cards and the Proof of Notice to court with you on the day of the hearing. The Proof of Notice should be filled out like the other forms, with your name and address at the left-hand corner, and the county in which you filed the action filled in on the right. Indi cate the docket number in the space provided, and fill in your name in the space at In the Matter of the Expungement of the Crim inal Records of. In the spaces provided in the Proof of Notice, fill in the 2012 Legal Services of New Jersey Clearing Your Record 18

HOW TO APPEAL A DECISION OF A MUNICIPAL COURT

HOW TO APPEAL A DECISION OF A MUNICIPAL COURT HOW TO APPEAL A DECISION OF A MUNICIPAL COURT WHO SHOULD USE THIS PACKET? If you have been found guilty and have been sentenced by a Municipal Court judge and you want to appeal, then this packet will

More information

How to Expunge Your Criminal and/or Juvenile Record

How to Expunge Your Criminal and/or Juvenile Record How to Expunge Your Criminal and/or Juvenile Record What is an Expungement? An expungement is the removal and isolation of all records on file within any court, detention or correctional facility, law

More information

SUPERIOR COURT OF NEW JERSEY CHANCERY DIVISION COUNTY PROBATE PART. [Caption: See Rule 4:83-3 for Probate Part Actions] CIVIL ACTION

SUPERIOR COURT OF NEW JERSEY CHANCERY DIVISION COUNTY PROBATE PART. [Caption: See Rule 4:83-3 for Probate Part Actions] CIVIL ACTION SUPERIOR COURT OF NEW JERSEY CHANCERY DIVISION COUNTY PROBATE PART [Caption: See Rule 4:83-3 for Probate Part Actions] IN THE MATTER OF Docket No.: CIVIL ACTION ORDER TO SHOW CAUSE SUMMARY ACTION THIS

More information

Megan s Law. A Guide for Community Organizations, Schools & Daycare Centers

Megan s Law. A Guide for Community Organizations, Schools & Daycare Centers Megan s Law A Guide for Community Organizations, Schools & Daycare Centers Issued as a public service by the N.J. Office of the Attorney General, Division of Criminal Justice in conjunction with the 21

More information

Juvenile Delinquency Proceedings and Your Child. A Guide for Parents and Guardians

Juvenile Delinquency Proceedings and Your Child. A Guide for Parents and Guardians Juvenile Delinquency Proceedings and Your Child A Guide for Parents and Guardians NOTICE TO READER This brochure provides basic information about family court procedures relating to juvenile delinquency

More information

Legal Consequences of Substance Abuse

Legal Consequences of Substance Abuse A publication of the New Jersey State Bar Foundation Legal Consequences of Substance Abuse You already know that alcohol and drugs can damage your health and even lead to death. In addition to the significant

More information

NEW JERSEY EXPUNGEMENT ATTORNEY

NEW JERSEY EXPUNGEMENT ATTORNEY Theodore Sliwinski, Esq. East Brunswick, NJ NEW JERSEY EXPUNGEMENT ATTORNEY Clear your criminal record in New Jersey with legal help. Your criminal record of misdemeanors, and of some felony charges, may

More information

Volume 25 No. 01 February 2015. Nursing Facilities, Assisted Living Providers and Managed Care Organizations (MCOs) For Action

Volume 25 No. 01 February 2015. Nursing Facilities, Assisted Living Providers and Managed Care Organizations (MCOs) For Action State of New Jersey Department of Human Services Division of Medical Assistance & Health Services Volume 25 No. 01 February 2015 TO: SUBJECT: EFFECTIVE: Nursing Facilities, Assisted Living Providers and

More information

How to Expunge Your Criminal and/or Juvenile Record

How to Expunge Your Criminal and/or Juvenile Record How to Expunge Your Criminal and/or Juvenile Record What is an Expungement? An expungement is the removal and isolation of all records on file within any court, detention or correctional facility, law

More information

Criminal Records & Employment

Criminal Records & Employment Criminal Records & Employment 1. What exactly is a criminal record? YOUR LEGAL RIGHTS A criminal record, formally known as a summary criminal history, or more commonly known as a rap sheet, is a list of

More information

APPEARANCE, PLEA AND WAIVER

APPEARANCE, PLEA AND WAIVER Guide to Municipal Court What Types of Cases Are Heard in Municipal Court? Cases heard in municipal court are divided into four general categories: Violations of motor vehicle and traffic laws Violations

More information

How TO APPEAL A DECISION OF A MUNICIPAL COURT

How TO APPEAL A DECISION OF A MUNICIPAL COURT How TO APPEAL A DECISION OF A MUNICIPAL COURT WHO SHOULD USE THIS PACKET? If you have been found guilty and have been sentenced by a Municipal Court judge and you want to appeal, then this packet will

More information

Criminal Record Clearing in a Nutshell

Criminal Record Clearing in a Nutshell Criminal Record Clearing in a Nutshell March 2014 Justice Studies Department College of Applied Sciences and Arts CommUniverCity San José State University Record Clearance Project 3.12.14 Laws change.

More information

Restoration of Civil Rights. Helping People regain their Civil Liberties

Restoration of Civil Rights. Helping People regain their Civil Liberties Restoration of Civil Rights Helping People regain their Civil Liberties Consequences of a Felony Food Stamps and social security benefits: People convicted of a felony for possession or sell of controlled

More information

Instructions for Sealing a Criminal Record. (Expungement)

Instructions for Sealing a Criminal Record. (Expungement) Instructions for Sealing a Criminal Record (Expungement) TABLE OF CONTENTS What is Expungement/Sealing of Record?... 1 Why Get an Expungement?...1 Who Can Use This Packet?...1 Can I Get My Record Expunged?...2

More information

CERTIFICATE OF REHAB. & PARDON INSTRUCTION FORMS PACKET

CERTIFICATE OF REHAB. & PARDON INSTRUCTION FORMS PACKET CERTIFICATE OF REHAB. & PARDON INSTRUCTION FORMS PACKET PKG-016 SUPERIOR COURT OF CALIFORNIA, COUNTY OF SAN DIEGO CENTRAL DIVISION, 220 W. BROADWAY, SAN DIEGO, CA 92101-3814 EAST COUNTY DIVISION, 250 E.

More information

Criminal Records and Expungement. Rhode Island Public Defender

Criminal Records and Expungement. Rhode Island Public Defender Criminal Records and Expungement Rhode Island Public Defender Criminal Records How do I access a criminal record? The only way to obtain an official RI criminal record is by going to the Bureau of Criminal

More information

IS YOUR CRIMINAL RECORD HOLDING YOU BACK?

IS YOUR CRIMINAL RECORD HOLDING YOU BACK? IS YOUR CRIMINAL RECORD HOLDING YOU BACK? Tips on How to Expunge Your Criminal Record in Michigan Revised and updated in April 2008 by: Legal Aid of Western Michigan 89 Ionia NW Grand Rapids, MI 49503

More information

An Introduction to the Federal Public Defender=s Office and the Federal Court System

An Introduction to the Federal Public Defender=s Office and the Federal Court System Some Things You Should Know An Introduction to the Federal Public Defender=s Office and the Federal Court System Office of the Federal Public Defender Southern District of West Virginia 300 Virginia Street

More information

NEW JERSEY JAIL POPULATION ANALYSIS

NEW JERSEY JAIL POPULATION ANALYSIS DATA DRIVEN JUSTICE SOLUTIONS NEW JERSEY JAIL POPULATION ANALYSIS Identifying Opportunities to Safely and Responsibly Reduce the Jail Population March 2013 Provided by Luminosity in Partnership with the

More information

Do You Have A Criminal Conviction History? A GUIDE TO YOUR EMPLOYMENT RIGHTS IN NEW YORK

Do You Have A Criminal Conviction History? A GUIDE TO YOUR EMPLOYMENT RIGHTS IN NEW YORK Do You Have A Criminal Conviction History? A GUIDE TO YOUR EMPLOYMENT RIGHTS IN NEW YORK Introduction Searching for the right job can be difficult. It can be harder if you have a criminal conviction history,

More information

The Office of the State Appellate Defender

The Office of the State Appellate Defender The Office of the State Appellate Defender http://www.illinois.gov/osad Last Updated: January 22, 2014 GENERAL INFORMATION - DO I QUALIFY? GUIDE TO EXPUNGE OR SEAL YOUR ILLINOIS JUVENILE RECORD Section

More information

How to Use the California Identity Theft Registry

How to Use the California Identity Theft Registry How to Use the California Identity Theft Registry A Guide for Victims of Criminal Identity Theft Tips for Consumers Consumer Information Sheet 8 June 2014 What Is Criminal Identity Theft?...1 How You May

More information

UNDERSTANDING THE CRIMINAL JUSTICE SYSTEM Anne Benson

UNDERSTANDING THE CRIMINAL JUSTICE SYSTEM Anne Benson UNDERSTANDING THE CRIMINAL JUSTICE SYSTEM Anne Benson What is the Criminal Justice System? The criminal justice system is the system we have in the United States for addressing situations where it is believed

More information

YOUR GUIDE TO THE CHILD SUPPORT ENFORCEMENT PROGRAM. Child Support Toll Free numbers. Child Support Web Sites NEW JERSEY JUDICIARY

YOUR GUIDE TO THE CHILD SUPPORT ENFORCEMENT PROGRAM. Child Support Toll Free numbers. Child Support Web Sites NEW JERSEY JUDICIARY Child Support Toll Free numbers Payment Hotline 1-(800) 621-5437 NJ Debit Card 1-(866) 461-4094 Direct Deposit 1-(800) 559-3772 Office of Child Support Services 1-(877) 655-4371 YOUR GUIDE TO THE NEW JERSEY

More information

Understanding & Clearing Up Criminal Records in Ohio. Table of Contents. What is a Criminal Record?... What are the Ohio Revised Code Statues..

Understanding & Clearing Up Criminal Records in Ohio. Table of Contents. What is a Criminal Record?... What are the Ohio Revised Code Statues.. Understanding & Clearing Up Criminal Records in Ohio Table of Contents What is a Criminal Record?... What are the Ohio Revised Code Statues.. Correcting a Commercial Background Check Correcting a State

More information

Your Guide to the New Jersey Judiciary Child Support Enforcement Program

Your Guide to the New Jersey Judiciary Child Support Enforcement Program Your Guide to the New Jersey Judiciary Child Support Enforcement Program Probation Services Division Administrative Office of the Courts New Jersey Judiciary Trenton, New Jersey 08625 WELCOME to the Child

More information

The Legal System in the United States

The Legal System in the United States The Legal System in the United States At the conclusion of this chapter, students will be able to: 1. Understand how the legal system works; 2. Explain why laws are necessary; 3. Discuss how cases proceed

More information

HUDSON DIRECT FILING UNIT Room 203 595 Newark Avenue Jersey City, New Jersey 07306. UNION Union Vicinage Family Division

HUDSON DIRECT FILING UNIT Room 203 595 Newark Avenue Jersey City, New Jersey 07306. UNION Union Vicinage Family Division THE FOLLOWING ARE ADDRESSES FOR ALL OF THE SUPERIOR COURTS IN NEW JERSEY. MAKE SURE THAT WHEN YOU PREPARE YOUR FORMS THAT YOU INCLUDE THE CORRECT COUNTY IN THE APPROPRIATE SPACE IN EACH FORM. ALSO NOTE

More information

SUPERIOR COURT OF CALIFORNIA COUNTY OF ORANGE 700 Civic Center Drive West P.O. Box 22024 Santa Ana, CA 92702-2024 (877) 872-2122 www.occourts.

SUPERIOR COURT OF CALIFORNIA COUNTY OF ORANGE 700 Civic Center Drive West P.O. Box 22024 Santa Ana, CA 92702-2024 (877) 872-2122 www.occourts. SUPERIOR COURT OF CALIFORNIA COUNTY OF ORANGE CERTIFICATE OF REHABILITATION AND PARDON Forms and Penal Code 4852.01, and 4852.06 Instruction Sheet Notice of Filing of Proof of Service Certificate of Rehabilitation

More information

New Jersey Transportation Resource Manual. For Veterans

New Jersey Transportation Resource Manual. For Veterans New Jersey Transportation Resource Manual For Veterans 2 1. Atlantic County Transportation Unit New Road & Dolphin Avenue Northfield, NJ 08225 Tel: 609-645-5910 Dispatch Operations Center: 609-645-5918

More information

KNOW YOUR RECORD What Teens Should Know About Their Delinquency Record

KNOW YOUR RECORD What Teens Should Know About Their Delinquency Record KNOW YOUR RECORD What Teens Should Know About Their Delinquency Record Law Office of Julianne M. Holt Public Defender, Thirteenth Judicial Circuit of Florida 700 East Twiggs Street, Fifth Floor P.O. Box

More information

Criminal Justice System Commonly Used Terms & Definitions

Criminal Justice System Commonly Used Terms & Definitions Criminal Justice System Commonly Used Terms & Definitions A B C D E F G H I J K L M N O P Q R S T U V W X Y Z Accused: Acquittal: Adjudication: Admissible Evidence: Affidavit: Alford Doctrine: Appeal:

More information

Filing Fee $117.00. Instructions for Sealing a Criminal Record

Filing Fee $117.00. Instructions for Sealing a Criminal Record Filing Fee $117.00 Instructions for Sealing a Criminal Record Effective 1-1-2015 This packet is to be used to assist you in filing an application to seal your criminal record. * * * * * * * * * * * * *

More information

General District Courts

General District Courts General District Courts To Understand Your Visit to Court You Should Know: It is the courts wish that you know your rights and duties. We want every person who comes here to receive fair treatment in accordance

More information

CERTIFICATE OF REHABILITATION & PARDON INSTRUCTION PACKET

CERTIFICATE OF REHABILITATION & PARDON INSTRUCTION PACKET SUPERIOR COURT OF CALIFORNIA COUNTY OF SAN DIEGO CERTIFICATE OF REHABILITATION & PARDON INSTRUCTION PACKET FORMS INCLUDED IN THIS PACKET General Information Certificate of Rehabilitation SDSC Form #CRM-208

More information

FLORIDA STATE UNIVERSITY POLICE DEPARTMENT Chief David L. Perry

FLORIDA STATE UNIVERSITY POLICE DEPARTMENT Chief David L. Perry FLORIDA STATE UNIVERSITY POLICE DEPARTMENT Chief David L. Perry 830 West Jefferson Street 850-644-1234 VICTIMS' RIGHTS BROCHURE YOUR RIGHTS AS A VICTIM OR WITNESS: ------- We realize that for many persons,

More information

INSTRUCTIONS PETITION FOR EXPUNGEMENT OF CRIMINAL RECORDS PROVIDED UNDER W.VA. CODE 61-11-26

INSTRUCTIONS PETITION FOR EXPUNGEMENT OF CRIMINAL RECORDS PROVIDED UNDER W.VA. CODE 61-11-26 INSTRUCTIONS PETITION FOR EXPUNGEMENT OF CRIMINAL RECORDS PROVIDED UNDER W.VA. CODE 61-11-26 Petition Form Carefully read the attached form to fill out your Petition for Expungement of Criminal Records

More information

THE EXPUNCTION PROCESS FOR ADULT CONVICTIONS AND ARRESTS

THE EXPUNCTION PROCESS FOR ADULT CONVICTIONS AND ARRESTS Records Room12: 503.650.3036 Accounting Dept Room 104: 503.655.8453 District Attorney Room 7: 503.655.8431 Expunction Clerk Room 200; 503.650.3046 THE EXPUNCTION PROCESS FOR ADULT CONVICTIONS AND ARRESTS

More information

GETTING TO KNOW THE CRIMINAL JUSTICE SYSTEM

GETTING TO KNOW THE CRIMINAL JUSTICE SYSTEM Patricia A. DeAngelis District Attorney GETTING TO KNOW THE CRIMINAL JUSTICE SYSTEM AN OFFENSE IS COMMITTED There are three types of offenses that can be committed in New York State: VIOLATION MISDEMEANOR

More information

New Jersey Department of Labor and Workforce Development LWD nj.gov/labor. Division of Vocational Rehabilitation Services DVRS

New Jersey Department of Labor and Workforce Development LWD nj.gov/labor. Division of Vocational Rehabilitation Services DVRS New Jersey Department of Labor and Workforce Development LWD nj.gov/labor Division of Vocational Rehabilitation Services DVRS MISSION STATEMENT It is the mission of the New Jersey Division of Vocational

More information

GETTING THROUGH THE CRIMINAL JUSTICE SYSTEM

GETTING THROUGH THE CRIMINAL JUSTICE SYSTEM GETTING THROUGH THE CRIMINAL JUSTICE SYSTEM ARREST An ARREST starts the criminal justice process. It is called an arrest whether the police officer hands you a summons or puts handcuffs on you and takes

More information

What you don t know can hurt you.

What you don t know can hurt you. What you don t know can hurt you. Why you need a defense lawyer if you are charged with a misdemeanor. A misdemeanor conviction is SERIOUS A misdemeanor is not a minor crime. If you are convicted of a

More information

EXPUNCTIONS IN TEXAS

EXPUNCTIONS IN TEXAS EXPUNCTIONS IN TEXAS Texas Young Lawyers Association Family Law Committee P.O. Box 12487, Capitol Station Austin, TX 78711-2487 (800) 204-2222 Ext. 1800 For additional family law resources, visit www.tyla.org.

More information

BASIC CRIMINAL LAW. Joe Bodiford. Overview of a criminal case Presented by: Board Certified Criminal Trial Lawyer

BASIC CRIMINAL LAW. Joe Bodiford. Overview of a criminal case Presented by: Board Certified Criminal Trial Lawyer BASIC CRIMINAL LAW Overview of a criminal case Presented by: Joe Bodiford Board Certified Criminal Trial Lawyer www.floridacriminaldefense.com www.blawgger.com THE FLORIDA CRIMINAL PROCESS Source: http://www.fsu.edu/~crimdo/cj-flowchart.html

More information

CERTIFICATE OF SEALING

CERTIFICATE OF SEALING CERTIFICATE OF SEALING Before the Illinois Prisoner Review Board: The Certificate for Sealing Eligibility Acknowledgement form must be completed prior to filling out the application to determine eligibility.

More information

WARREN COUNTY INSTRUCTIONS FOR FILING A CONTEMPT PETITION

WARREN COUNTY INSTRUCTIONS FOR FILING A CONTEMPT PETITION WARREN COUNTY INSTRUCTIONS FOR FILING A CONTEMPT PETITION 1. Complete caption on Page 1, Notice and Order to Appear, by entering names of Plaintiff and Defendant and Docket Number as they appear on the

More information

DRUG COURT DEFERRED JUDGMENT INFORMATION SHEET

DRUG COURT DEFERRED JUDGMENT INFORMATION SHEET DRUG COURT DEFERRED JUDGMENT INFORMATION SHEET If you have been charged with a crime involving possession of a controlled substance and/or possession of drug paraphernalia, you may be eligible to participate

More information

How to Clear an Arrest from Your Record in Texas (Expunction)

How to Clear an Arrest from Your Record in Texas (Expunction) How to Clear an Arrest from Your Record in Texas (Expunction) Can I clear an arrest from my record? You may be able to clear an arrest from your record through a process called expunction if: charges were

More information

Report on the. Prevention of Domestic Violence Act

Report on the. Prevention of Domestic Violence Act Report on the Prevention of Domestic Violence Act January 1, 2013 - December 31, 2013 Prepared by: Family Practice Division Administrative Office of the Courts State of New Jersey Submitted: Hon. Stuart

More information

Expungement = Dismissal AND. Certificate of Rehabilitation

Expungement = Dismissal AND. Certificate of Rehabilitation Expungement = Dismissal AND Certificate of Rehabilitation Overview Expungement Eligibility Requirements What it means to be granted an Expungement Early Termination of Probation Reducing a Felony to a

More information

court. However, without your testimony the defendant might go unpunished.

court. However, without your testimony the defendant might go unpunished. Office of State Attorney Michael J. Satz VICTIM RIGHTS BROCHURE YOUR RIGHTS AS A VICTIM OR WITNESS: CRIMINAL JUSTICE PROCESS The stages of the criminal justice system are as follows: We realize that for

More information

APPLICATION FOR REAL ESTATE SCHOOL LICENSE FOR NON-PUBLIC SCHOOL

APPLICATION FOR REAL ESTATE SCHOOL LICENSE FOR NON-PUBLIC SCHOOL Office Use Only: Stamp# Ref.# REAL ESTATE COMMISSION PO BOX-328 TRENTON, NEW JERSEY 08625 APPLICATION FOR REAL ESTATE SCHOOL LICENSE FOR NON-PUBLIC SCHOOL Two year Licensing Term 2 nd Half of Licensing

More information

Child Abuse, Child Neglect. What Parents Should Know If They Are Investigated

Child Abuse, Child Neglect. What Parents Should Know If They Are Investigated Child Abuse, Child Neglect What Parents Should Know If They Are Investigated Written by South Carolina Appleseed Legal Justice Center with editing and assistance from the Children s Law Center and the

More information

CRIMINAL RECORD AND ABUSE HISTORY VERIFICATION

CRIMINAL RECORD AND ABUSE HISTORY VERIFICATION WHEN AND HOW TO FILE CRIMINAL RECORD AND ABUSE HISTORY VERIFICATION When did this form go into effect? September 2013 Who must file this form? Anyone who files a "Complaint for Custody" or a "Petition

More information

INSTRUCTIONS FOR FILLING OUT EMERGENT APPLICATION FOR STAY OF SHERIFF S SALE

INSTRUCTIONS FOR FILLING OUT EMERGENT APPLICATION FOR STAY OF SHERIFF S SALE INSTRUCTIONS FOR FILLING OUT EMERGENT APPLICATION FOR STAY OF SHERIFF S SALE Attached is a form that can be used by a litigant to apply for a stay of a Sheriff s Sale of foreclosed property. If you wish

More information

DOMESTIC VIOLENCE IN NEW JERSEY

DOMESTIC VIOLENCE IN NEW JERSEY 2009 DOMESTIC VIOLENCE IN NEW JERSEY FOR THE YEAR ENDING DECEMBER 31, 2009 New Jersey State Police Uniform Crime Reporting Unit TWENTY-SEVENTH ANNUAL DOMESTIC VIOLENCE OFFENSE REPORT 2009 Honorable Paula

More information

If you are applying for a government-issued license, certificate, or permit, you must disclose your conviction and expungement.

If you are applying for a government-issued license, certificate, or permit, you must disclose your conviction and expungement. What is an expungement? An expungement reopens your criminal case, dismisses and sets aside the conviction, and re-closes the case without a conviction. In effect, you are no longer a convicted person.

More information

LANCASTER COUNTY ADULT DRUG COURT

LANCASTER COUNTY ADULT DRUG COURT LANCASTER COUNTY ADULT DRUG COURT Administered by the Lancaster County Department of Community Corrections Judicial Oversight by the Lancaster County District Court www.lancaster.ne.gov keyword: drug court

More information

TWENTY-FOURTH ANNUAL DOMESTIC VIOLENCE OFFENSE REPORT 2006

TWENTY-FOURTH ANNUAL DOMESTIC VIOLENCE OFFENSE REPORT 2006 TWENTY-FOURTH ANNUAL DOMESTIC VIOLENCE OFFENSE REPORT 2006 Honorable Anne Milgram Attorney General State of New Jersey Colonel Joseph R. Fuentes Superintendent New Jersey State Police Captain Robert J.

More information

THE EXPUNGEMENT PROCESS

THE EXPUNGEMENT PROCESS THE EXPUNGEMENT PROCESS Expungement proceedings are brought in the Circuit Court for the jurisdiction where the charges occurred. If you have criminal charges eligible for expungement in different courts,

More information

DESCRIPTION OF THE FEDERAL CRIMINAL JUSTICE SYSTEM FOR DEFENDANTS

DESCRIPTION OF THE FEDERAL CRIMINAL JUSTICE SYSTEM FOR DEFENDANTS DESCRIPTION OF THE FEDERAL CRIMINAL JUSTICE SYSTEM FOR DEFENDANTS DESCRIPTION OF THE FEDERAL CRIMINAL JUSTICE SYSTEM FOR DEFENDANTS This pamphlet has been provided to help you better understand the federal

More information

KANE COUNTY DRUG REHABILITATION COURT COURT RULES AND PROCEDURES

KANE COUNTY DRUG REHABILITATION COURT COURT RULES AND PROCEDURES KANE COUNTY DRUG REHABILITATION COURT COURT RULES AND PROCEDURES I. MISSION The Illinois General Assembly has recognized that there is a critical need for a criminal justice program that will reduce the

More information

NJ JUVENILE DEFENSE A. OVERVIEW OF THE JUVENILE JUSTICE SYSTEM. 1. What does the New Jersey s juvenile justice system entail?

NJ JUVENILE DEFENSE A. OVERVIEW OF THE JUVENILE JUSTICE SYSTEM. 1. What does the New Jersey s juvenile justice system entail? NJ JUVENILE DEFENSE A. OVERVIEW OF THE JUVENILE JUSTICE SYSTEM 1. What does the New Jersey s juvenile justice system entail? Juvenile law deals with the crimes that are committed by your beloved teenagers.

More information

What Is Expungement?...1 When Can I File For Expungement?...2 Case Information...3 Petitions For Expungement...3 What Do the Dispositions Mean and

What Is Expungement?...1 When Can I File For Expungement?...2 Case Information...3 Petitions For Expungement...3 What Do the Dispositions Mean and Expungement Information About Removing Criminal Records from Public Access in Maryland Table of Contents What Is Expungement?...1 When Can I File For Expungement?...2 Case Information...3 Petitions For

More information

DOMESTIC VIOLENCE. in New Jersey. New Jersey State Police Uniform Crime Reporting Unit. For the year ending December 31, 2008

DOMESTIC VIOLENCE. in New Jersey. New Jersey State Police Uniform Crime Reporting Unit. For the year ending December 31, 2008 2008 DOMESTIC VIOLENCE in New Jersey For the year ending December 31, 2008 New Jersey State Police Uniform Crime Reporting Unit NEW JERSEY STATE POLICE 1921 TWENTY-SIXTH ANNUAL DOMESTIC VIOLENCE OFFENSE

More information

Morgan County Prosecuting Attorney Debra MH McLaughlin

Morgan County Prosecuting Attorney Debra MH McLaughlin Morgan County Prosecuting Attorney Debra MH McLaughlin Directions: From Fairfax Street Entrance, Enter Main Door, turn Right through door, up the narrow staircase. Office is at top of steps. (Old Circuit

More information

Sealing Your Juvenile Records

Sealing Your Juvenile Records Sealing Your Juvenile Records What are my Juvenile Records? The documents and Court Orders in your juvenile court file which relate to your case. Some juvenile records might also be kept by the Probation

More information

WEST VIRGINIA LEGISLATURE. Senate Bill 411

WEST VIRGINIA LEGISLATURE. Senate Bill 411 WEST VIRGINIA LEGISLATURE 2016 REGULAR SESSION Introduced Senate Bill 411 BY SENATORS WALTERS, LAIRD, KESSLER, MILLER, FACEMIRE, ROMANO AND GAUNCH [Introduced January 27, 2016; Referred to the Committee

More information

Information about the Criminal Justice System**

Information about the Criminal Justice System** 1 Victim s Guide to the Nebraska Criminal Justice System Information about the Criminal Justice System** ** Please note that the information contained in this booklet is only in relationship to felony

More information

Chapter 3. Justice Process at the County Level. Brooks County Courthouse

Chapter 3. Justice Process at the County Level. Brooks County Courthouse Chapter 3 Justice Process at the County Level Brooks County Courthouse Chapter Three: Judice Process at the County Level Developmental Assets: Life Skills: TEKS: Objectives: 10. Safety 30. Responsibility

More information

Information for Crime Victims and Witnesses

Information for Crime Victims and Witnesses Office of the Attorney General Information for Crime Victims and Witnesses MARCH 2009 LAWRENCE WASDEN Attorney General Criminal Law Division Special Prosecutions Unit Telephone: (208) 332-3096 Fax: (208)

More information

UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE DIVISION. UNITED STATES OF AMERICA ) ) ) v. ) No. ) (Judge ) ) )

UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE DIVISION. UNITED STATES OF AMERICA ) ) ) v. ) No. ) (Judge ) ) ) UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF TENNESSEE DIVISION UNITED STATES OF AMERICA ) ) ) v. ) No. ) (Judge ) ) ) PETITION TO ENTER A PLEA OF GUILTY (Misdemeanor) I,, respectfully represent

More information

SEALING OF RECORDS. Conviction / Acquittal / Dismissal CLARK COUNTY DISTRICT ATTORNEY S OFFICE. DAVID ROGER District Attorney

SEALING OF RECORDS. Conviction / Acquittal / Dismissal CLARK COUNTY DISTRICT ATTORNEY S OFFICE. DAVID ROGER District Attorney SEALING OF RECORDS Conviction / Acquittal / Dismissal CLARK COUNTY DISTRICT ATTORNEY S OFFICE DAVID ROGER District Attorney NOTICE: This Website contains instructions for using the Clark County District

More information

ARTICLE 36: KANE COUNTY DRUG REHABILITATION COURT RULES AND PROCEDURES

ARTICLE 36: KANE COUNTY DRUG REHABILITATION COURT RULES AND PROCEDURES ARTICLE 36: KANE COUNTY DRUG REHABILITATION COURT RULES AND PROCEDURES (a) Mission: The Illinois General Assembly has recognized that there is a critical need for a criminal justice program that will reduce

More information

THE SUPERIOR COURT OF ARIZONA MARICOPA COUNTY

THE SUPERIOR COURT OF ARIZONA MARICOPA COUNTY THE SUPERIOR COURT OF ARIZONA MARICOPA COUNTY STATE OF ARIZONA CASE NO: CR v. APPLICATION TO: DEFENDANT RESTORE CIVIL RIGHTS RESTORE GUN RIGHTS Complete and Date of Birth: Attach Request to Restore Right

More information

EXPUNGEMENT A GUIDE TO EXPUNGING YOUR CRIMINAL AND/OR JUVENILE RECORD

EXPUNGEMENT A GUIDE TO EXPUNGING YOUR CRIMINAL AND/OR JUVENILE RECORD EXPUNGEMENT A GUIDE TO EXPUNGING YOUR CRIMINAL AND/OR JUVENILE RECORD Student Legal Services The Pennsylvania State University 120 Boucke Building University Park, PA 16802 Phone: 814-867-4388 Fax: 814-863-7357

More information

BARTON COUNTY DUI DIVERSION PROGRAM GUIDELINES

BARTON COUNTY DUI DIVERSION PROGRAM GUIDELINES BARTON COUNTY DUI DIVERSION PROGRAM GUIDELINES WHAT IS DIVERSION? The DUI diversion program offered and supervised by the Barton County Attorney enables certain people to complete a performance plan rather

More information

Section Nine POLICE EMPLOYEE DATA

Section Nine POLICE EMPLOYEE DATA Section Nine POLICE EMPLOYEE DATA 175 STATE OF NEW JERSEY FULL TIME POLICE EMPLOYEES 1999 Department Municipal Police County Police Universities and Colleges State Police Other State Agencies 1998 19,437

More information

Glossary of Terms Acquittal Affidavit Allegation Appeal Arraignment Arrest Warrant Assistant District Attorney General Attachment Bail Bailiff Bench

Glossary of Terms Acquittal Affidavit Allegation Appeal Arraignment Arrest Warrant Assistant District Attorney General Attachment Bail Bailiff Bench Glossary of Terms The Glossary of Terms defines some of the most common legal terms in easy-tounderstand language. Terms are listed in alphabetical order. A B C D E F G H I J K L M N O P Q R S T U V W

More information

System Overview ~~~~~ Presented by: Darcie McElwee

System Overview ~~~~~ Presented by: Darcie McElwee System Overview ~~~~~ Presented by: Darcie McElwee SYSTEM OVERVIEW OBJECTIVES Upon conclusion of this module the participant will be able to: Describe the overall structure, case flow process, and roles

More information

Glossary of Court-related Terms

Glossary of Court-related Terms Glossary of Court-related Terms Acquittal Adjudication Appeal Arraignment Arrest Bail Bailiff Beyond a reasonable doubt Burden of proof Capital offense Certification Charge Circumstantial evidence Citation

More information

Community Legal Information Association of PEI. Prince Edward Island, Inc.

Community Legal Information Association of PEI. Prince Edward Island, Inc. Community Legal Information Association of Prince Edward Island, Inc. Sentencing This pamphlet gives you some information about sentencing in criminal court. If you are charged with a criminal offence,

More information

INTRODUCTION DO YOU NEED A LAWYER?

INTRODUCTION DO YOU NEED A LAWYER? INTRODUCTION The purpose of this handbook is to provide answers to some very basic questions that inmates or inmates families might have regarding the processes of the criminal justice system. In no way

More information

The Court Process. Understanding the criminal justice process

The Court Process. Understanding the criminal justice process Understanding the criminal justice process Introduction Missouri law establishes certain guarantees to crime victims, including participation in the criminal justice system. Victims can empower themselves

More information

Title 17-A: MAINE CRIMINAL CODE

Title 17-A: MAINE CRIMINAL CODE Title 17-A: MAINE CRIMINAL CODE Chapter 51: SENTENCES OF IMPRISONMENT Table of Contents Part 3.... Section 1251. IMPRISONMENT FOR MURDER... 3 Section 1252. IMPRISONMENT FOR CRIMES OTHER THAN MURDER...

More information

How to Apply for a Pardon. State of California. Office of the Governor

How to Apply for a Pardon. State of California. Office of the Governor How to Apply for a Pardon State of California Office of the Governor Statement of Philosophy A California Governor's pardon is an honor traditionally granted only to individuals who have demonstrated exemplary

More information

Restitution Basics for Victims of Crimes by Adults

Restitution Basics for Victims of Crimes by Adults Restitution Basics for Victims of Crimes by Adults If you are the victim of a crime, you have a right to be repaid for losses that resulted from the crime. This booklet will help you understand: How to

More information

COMMONWEALTH OF MASSACHUSETTS THE TRIAL COURT STANDING ORDER NO. 2-86 (AMENDED)

COMMONWEALTH OF MASSACHUSETTS THE TRIAL COURT STANDING ORDER NO. 2-86 (AMENDED) COMMONWEALTH OF MASSACHUSETTS THE TRIAL COURT SUFFOLK, ss. SUPERIOR COURT DEPARTMENT STANDING ORDER NO. 2-86 (AMENDED) Applicable to All Counties to cases initiated by indictment on or after September

More information

WASHINGTON COUNTY COURT OF COMMON PLEAS PRO SE CUSTODY PACKET

WASHINGTON COUNTY COURT OF COMMON PLEAS PRO SE CUSTODY PACKET WASHINGTON COUNTY COURT OF COMMON PLEAS PRO SE CUSTODY PACKET NOTICE ALL PARTIES INVOLVED IN LITIGATION ARE STRONGLY ENCOURAGED TO SEEK PROFESSIONAL LEGAL ADVICE FROM AN ATTORNEY. Court staff cannot offer

More information

California s Alternative Sentencing Law for Veterans and Members of the U.S. Military

California s Alternative Sentencing Law for Veterans and Members of the U.S. Military California s Alternative Sentencing Law for Veterans and Members of the U.S. Military You re a veteran, or maybe you re still in the military. But now you re looking at time in county jail or state prison.

More information

YOU AND THE JUVENILE JUSTICE SYSTEM A GUIDE FOR YOUTHS, PARENTS AND VICTIMS

YOU AND THE JUVENILE JUSTICE SYSTEM A GUIDE FOR YOUTHS, PARENTS AND VICTIMS YOU AND THE JUVENILE JUSTICE SYSTEM A GUIDE FOR YOUTHS, PARENTS AND VICTIMS FIFTH EDITION FALL 2000 YOU AND THE JUVENILE JUSTICE SYSTEM A GUIDE FOR YOUTHS, PARENTS AND VICTIMS FIFTH EDITION FALL 2000 State

More information

HOW TO CLEAR YOUR ILLINOIS CRIMINAL RECORD

HOW TO CLEAR YOUR ILLINOIS CRIMINAL RECORD Office of the State Appellate Defender July 2007 Instruction Guide Table of Contents General Overview 2 Drug test requirement for Class 4 PCS Before You Get Started 3 2 HOW TO CLEAR YOUR ILLINOIS CRIMINAL

More information

Mahoning County Criminal Local Rules of Court. Table of Contents. 2 Grand Jury 2. 3 Dismissals.. 3. 4 Appointment of Counsel... 4

Mahoning County Criminal Local Rules of Court. Table of Contents. 2 Grand Jury 2. 3 Dismissals.. 3. 4 Appointment of Counsel... 4 Mahoning County Criminal Local Rules of Court Table of Contents Rule Page 1 Applicability. 1 2 Grand Jury 2 3 Dismissals.. 3 4 Appointment of Counsel...... 4 5 Case Filing and Court Designation. 6 6 Arraignment...

More information

Maricopa County Attorney s Office Adult Criminal Case Process

Maricopa County Attorney s Office Adult Criminal Case Process The following is a brief description of the process to prosecute an adult accused of committing a felony offense. Most misdemeanor offenses are handled by municipal prosecutors; cases involving minors

More information

CRIMINAL DEFENSE FAQ. QUESTION: Am I required to allow law enforcement be allowed to search my house or my car?

CRIMINAL DEFENSE FAQ. QUESTION: Am I required to allow law enforcement be allowed to search my house or my car? THE LAW OFFICES OF SCOTT L. KRAMER CRIMINAL DEFENSE FAQ ANSWERS FROM AN DELAWARE COUNTY ATTORNEY: QUESTION: Am I required to allow law enforcement be allowed to search my house or my car? No. You are never

More information

INSTRUCTIONS FOR SEALING/EXPUNGING AN ADULT CRIMINAL COURT RECORD

INSTRUCTIONS FOR SEALING/EXPUNGING AN ADULT CRIMINAL COURT RECORD INSTRUCTIONS FOR SEALING/EXPUNGING AN ADULT CRIMINAL COURT RECORD Complete the following paperwork for this process: Step 1. Florida Department of Law Enforcement (FDLE) Certificate of Eligibility packet

More information

THE SUPERIOR COURT OF ARIZONA MARICOPA COUNTY

THE SUPERIOR COURT OF ARIZONA MARICOPA COUNTY THE SUPERIOR COURT OF ARIZONA MARICOPA COUNTY STATE OF ARIZONA CASE NO: CR v. APPLICATION TO: DEFENDANT RESTORE CIVIL RIGHTS RESTORE GUN RIGHTS Complete and Date of Birth: Attach Request to Restore Right

More information

Using Proposition 47 to Reduce Convictions and Restore Rights (January 2015)

Using Proposition 47 to Reduce Convictions and Restore Rights (January 2015) Using Proposition 47 to Reduce Convictions and Restore Rights (January 2015) A note on reproduction: You are welcome to copy and distribute this material, but please do not charge for the copies. A note

More information

WARREN COUNTY INSTRUCTIONS FOR FILING A MODIFICATION PETITION

WARREN COUNTY INSTRUCTIONS FOR FILING A MODIFICATION PETITION WARREN COUNTY INSTRUCTIONS FOR FILING A MODIFICATION PETITION If you have been in Court in Warren County at any time in the past with regard to Custody (not support) of the children and are filing a modification

More information