I had some misdemeanors, marijuana possessions, open bottle and one DUI. Is there a way to clear all this?.
You can't clean it up today, but you can put into motion the process for getting your record expunged. Different charges have different amounts of time that you have to wait before you can have you record expunged. This depends on how they were disposed of. For example, your marijuana charge may have resulted in a dismissal under the conditional discharge program, which means it is eligible for expungement 6 months after dismissal, but if not, it would be two years after you were finished with probation, if any. You may have to wait 5 years for other Municipal Court charges. A DWI cannot be expunged in NJ because it is a traffic ticket, not a criminal offense.
NJ does not have misdemeanors, we have Disorderly Persons offense and crimes. It makes a difference since what some States consider misdemeanors are DPs in NJ and others are crimes. There are different waiting times and rules on numbers of various entries that can be expunged. DPs (up to three) can be expunged in NJ 5 years after the sentence ends on the last one. Crimes (only one, and some can't, and the DPs may then be barred) can be expunged after 10 years. DWIs are not criminal in NJ. The good news is they are not on your CCH and do not come up in what is at present a normal background check and the bad news is they therefore cannot be expunged. An abstract look up will disclose the DWI conviction. More employers are doing these types of look ups. So if an employer looks they can find all of these, the government for sure can find them. How that affects your job offers are up to them. You can petition to expunge one crime and up to three DPs when the time comes.
Can't expunge your DWI, and would have to see your criminal case history before I could tell you if you were eligible for an expungement of your other charges. Regarding your job hunt for government jobs, they likely will do a background check. Each job has different criteria for employment so depending on the job your record, both criminal and traffic, may affect your ability to get that job. However, if you get your criminal record expunged you would have a better chance at getting a job I would imagine. Please contact my office to discuss your case in more detail. Thank you.
Sincerely yours, -Ronald Aronds, Esq.-
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