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How do i go about having my records expunged?

Montclair, NJ |

I was told by the court that I was eligible to have an expungement.I would rather hire an attorney to do this because I was told its a very tedious process.

Attorney Answers 9


  1. I always advise to all my clients not to rely on the legal advice of the court personnel for the court clerks, although very knowledgeable and efficient people are not licensed attorneys and may not issue a legal advice.
    I suggest you obtain your criminal history record, known in vernacular as a "rap sheet" from the local police department Records Division (the procedures do vary, so make a call before arriving). Once you obtain your criminal history excerpt, present it to a local criminal defense attorney for a review of your eligibility to either Petition to expunge or seal your criminal record if statutorily possible.
    That is the best plan I know.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional information, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and materials provided above are general in nature, and may not apply to specific factual and legal circumstances related to one's personal legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a competent legal advice before making any important decisions about your particular legal issue. For further inquiries please contact: Attorney Alexander Ivakhnenko 1021 West Adams, 102, Chicago, Illinois 60607 773-562-8602 http://alexanderivakhnenko.com


  2. Yes - that is accurate. An expungement of certain criminal records can be done. Note, though an expungement does not mean the records are "sealed", and the "expunged" records can still been seen and/or be required to be disclosed by you for certain security reasons, or professional occupations. So, if you are seeking to "mask" your prior criminal history, then an expungement and hiring an attorney is the proper course of action. To seal records, the offenses must have either occurred while you were a juvenile, or you need to have been found factually innocent. I hope this sheds some more light on the issue for you. I truly wish you the best of luck! As an aside, if you found my direction helpful, and if you feel appropriate; could you be so kind as to designate my answer as the “best” answer to your question?


  3. The process is somewhat tedious but can be done on your own. You can go to www.njcourtsonline.com and look under forms for the documents needed. If you still wish to hire an attorney for the process you can contact an attorney through this forum.

    Benjamin G. Kelsen IF YOU LIKE THIS ANSWER PLEASE INDICATE YOUR APPRECIATION BY SELECTING IT AS "BEST ANSWER." Law Offices of Benjamin G. Kelsen, Esq. LLC 1415 Queen Anne Road, Suite 206, Teaneck, NJ 07666 Phone: 201-692-0073/ Fax: 201-692-0151 Web Site: www.kelsenlaw.com / Email: bgkelsen@kelsenlaw.com NOT LEGAL ADVICE: The above information may contain an opinion which does not constitute legal advice. Unless a retainer agreement has been signed, we are not your legal representatives, and you should not rely on any opinions contained in this message.


  4. That it is. Even for an attorney who does them all the time. Give my office a call and we'll make sure there isn't anything that will jam up the process.


  5. You should consult with an attorney to first verify if you are in fact eligible for an expungement rather than rely on the word of a non-lawyer. Schedule a consultation with an attorney for further guidance on how to proceed.

    DISCLAIMER This answer is provided for educational purposes only. By using or participating in this site you agree and understand that there is no attorney client privilege between you and the attorney responding. This site cannot be used as a substitute for competent legal advice from a licensed attorney that practices law in the State where this offense is charged; and, who has experience in the area of law you are asking questions about and with whom you would have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question, or in the State where this charge is filed. I am an attorney licensed to practice in the State of New Jersey. Consult a local attorney if your case arises outside the State of New Jersey. If you found this answer to be HELPFUL then you can vote that this answer was helpful. If you found this answer to be the BEST ANSWER of all those presented, then you can vote that this answer was the best answer presented. Also, please be advised that any response to any comments made by the asker do not create an attonrey client relationship.


  6. Easiest way is to call a lawyer. It can be done with very little stress and in a few months.


  7. It is not that tedious but an attorney makes since because there are numerous rules and numerous data banks that you want expunged. If you miss one you defeat the purpose of the expungement. A verified petition is filed pursuant to 2C: 52-1 et seq asking for expungement of all records from the various entities and data banks etc. The subsequent Order is then served on all parties and a hearing scheduled at least 6 weeks out. The final order also must be served on all parties. Piece of cake.


  8. It is in fact tedious but it's fairly straightforward. I would encourage you to hire an attorney.


  9. I routinely do expungements as part of my practice. Please contact my office if you would like to discuss your expungement. Thank you.
    Sincerely yours, -Ronald Aronds, Esq.

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