Asked over 1 year ago - East Orange, NJ
FlagIm in the process of getting my felony record expunged but the prosecutors recommend dismissal without prejudice. I'm in Nj what does this mean exactly? Is this going to show up on my record when I try to find a job? Why wouldn't they expunge it? Ive been lawful for years. All fines paid and I'm trying to get into nursing school. I'm really stressed out. People have done worst things and got away. I have a family and a life. Please help!!!
Expungements are not dismissed with or without prejudice. They are granted or denied. If they are denied a reason must be provided. It is possible to re-file and fix the defect or prepare a better petition. You should consult with a lawyer for assistance. Getting the expungement done properly and clearing your record will help you move on with your life and make you more money than you will spend on a lawyer.
There are many reasons why there would be an objection to an expungement. You should have received a written reason for the objection. However, just because the State objects does not mean that you can't have it expunged. When people try to do the expungements pro se or without a lawyer, sometimes they may mistakes. I would strongly recommend contacting an attorney who does expungements and have him review the objection you received from the State. I can provide you with more information. Give our office a call if you need assistance.
The expungement statute, 2C:52-1 et seq (and following) is complex. It looks easy, but the statute has numerous interconnected and contradictory sections. These sections undo what a previous section says. That is why having it done by an attorney experienced with expungement petitions makes sense. In any event, “without prejudice”, means that the Court is not denying the petition out of hand but that for some reason it is deficient and can be brought again. “With prejudice” means it is final and cannot be filed again. You may have filed early, or there may be additional information needed. Usually the Court will indicate what is wrong. The dismissal will not be on a CCH but it is logged and they will know you previously filed. You should therefore add this to a revised or amended petition or to any new petition filed at a later date. The expungement section of the Essex prosecutor's office is rather reasonable. If the dismissal was for lack of required information the petition can be amended and rescheduled rather quickly. Call for a free consultation if you like.
What the prosecutor appears to have indicated is that your expungment application was faulty in some way. That you did not meet all the requirments, so it is being denied, but you will be allowed to cure any defect and file it again. The expungment status set forth detailed requirments that you must follow, if you do not it will be denied. I would suggest consulting with a attorney who would be knowlegable as to the requirements.
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