i had a controlled dangerous substance level 3 in 2005, i got a disorderly, refuse to turn over, had substance on me but i was allowed to plea bargain and not have the substance tested and go to trial in 2012. The conviction was disorderly refuse to turn over.
There is a packet with instructions on the judiciary website, but it's more complicated that it seems. That being said, if you had a disorderly persons conviction in 2012, you are not eligible to expunge that record until 2017. You should review the details and get assistance from a lawyer before you waste time and money.
Matthew Oberlin WilliamsCriminal Defense AttorneyCleveland, OH ·
Some public defender's offices provide guidance on this. Some courts have a packet you can get from the clerk. Most people who try to do this on their own, with or without such help, don't suceed.
There is a 5 year waiting period to expunge a disorderly persons offense and the period begins from the end of the sentence including probation. Go to Njcourtsonline.com for a pro de packet to expunge your record.
The NJ Judiciary website has a pro se packet; however, for all intensive purposes, it assumes you know all the relevant laws regarding eligibility for an expungement. Assuming no other issues, a conviction for a diaorderly persons offense is not subject to an expungement for five years. The laws involving an expungements can become tricky amd complicated so you may want to consider hiring an attorney to guide you through the process.
Mark M CheserDUI / DWI AttorneyUnion, NJNJ licensed ·
You can look on line and read 2C:52-1 and following. But use an attorney. If you pleaded guilty to the DP you are not eligible for 5 years after the end of the sentence. if you got a CD you are eligible now.
There is an expungement packet found online on the New Jersey judiciary website which has detailed instructions, although it still can be quite complicated to handle, and involves many certified letters to be sent out with strict deadlines. You are welcome to attempt yourself, however, keep in mind you may be required to present evidence at an in-person hearing before the Judge. A criminal record can prevent you from securing employment, holding certain licenses, etc, and so you want to ensure that you successfully, and expeditiously, obtain the expungement, which is best left to an experienced attorney.
Typically, you will need to wait 5 years after the matter was resolved before you can be eligible for an expungement for a DP offense in NJ. We also would always advise our clients to get fingerprinted by the State Police, so your entire criminal history can be reviewed. Failure to put a forgotten (or even a juvenile) charge on the certification will result in a denial of your expungement. Depending on our finical situation, You can try to handle this on your own, or hire an experienced attorney to handle this for you.
If you are looking to have your criminal record expunged in New Jersey, the best place to start is the state's website. The state's website provides an "Expungement Kit" for expungement of criminal and juvenile records. The form can be found here: http://www.state.nj.us/corrections/pdf/OTS/FRARA/Parole%20Handbook/10557_expunge_kit-11-2012.pdf, however as others have noted, it is best to have an attorney assist you in the matter. There are a number of procedural hoops through which you must jump in order to have the judge sign an expungement order.
