Are There Any Types Of Convictions That Are Automatically Expunged?
Are There Any Types Of Convictions That Are Automatically Expunged After A Certain Period Of Time?
There are some convictions that are not automatically expunged but that they never go in, and that’s some of the diversionary programs; New Jersey has pretrial intervention and also has conditional discharge.
Many states have similar programs for some offenders, ballpark to the program, instead of being convicted of a crime; you do your probation before the conviction. And what happens then is you stay out of trouble for a year, you do whatever the Department of Probation tells you to and then the matter is dismissed against you. You get to do that one time, and you get a dismissal.
That way, you don’t have to deal with having a criminal record. But when you take PTI, they never tell you this and many people don’t know this, should you be arrested again and should you get convicted, now you’re not going to be eligible in most cases for an expungement of that matter.
So, if you take PTI (pretrial intervention) or a diversionary program, sometimes they call it adjudication in contemplation of dismissal where you go a year without getting in trouble and the charges get dismissed. If you get in trouble again after that, you’re not going to get expungement.
So, it really is a one-time get-out-of-jail-free card; they don’t want you to have a second bite of the cherry. You only get to hold one get-out-of-jail-free card; it’s the same in New Jersey.
Are There Certain Types Of Convictions That Are Easier To Get Expunged Than Others Or Do All Come Down To The Same Process And Criteria?
Certainly, it’s going to depend upon the type of offense that you’re looking to expunge. If you’re talking about a simple assault, possession of marijuana, or something of that nature, then it’s certainly going to be easier to expunge; the shoplifting charge is going to be easier to expunge than a harder crime say stalking or something of that nature.
It definitely is something that’s looked at, and that analysis should not be ignored in a consultation with the client; your attorney will definitely look at the crime and especially the time that’s passed since the offense. And that’s especially going to come into play if you’re going for an early halfway determination for an expungement.
What Happens In A Juvenile Conviction? Is It Automatically Expunged?
A person can have one juvenile adjudication of delinquency or arrest expunged if it would meet the criteria of an adult conviction or arrest. Additionally, they can have their entire juvenile record expunged if five years have gone by since they were released from custody or supervision, they have not had an adult arrest or juvenile conviction in the last five years, and they’ve never been convicted of an offense that would not be eligible for an expungement if they had been an adult. And they have not had any adult charge that would be eligible for pretrial intervention or a conditional discharge.
If you need information regarding convictions that are automatically expunged, contact the Law Offices of James A. Abate for a free initial consultation at 908-643-7005 and get the answers and information you’re seeking.
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