Thousands of citizens in New Jersey over the past 20 years have been arrested for criminal, disorderly, and municipal ordinance offenses. They may include your neighbors, friends and loyal church goers. The police keep a record of all arrests and convictions, even if 20 years old. These "secrets of the past" will soon be open to anyone in New Jersey including credit agencies. Under a proposal by the New Jersey Attorney General, for a $15.00 fee, anybody could ask the state police for a person's criminal record, even arrests with not guilty findings. Allowing access to a person's old criminal conviction or arrest record could open the door for discrimination against someone who now is a productive, respected, and law abiding citizen. Fortunately, if you are a law abiding citizen, you can now have old arrests or convictions erased from public records and police folders. Under NJSA 2C:52-1 et seq. past criminal convictions can be expunged' erased under certain instances. For example, if you were convicted or pleaded guilty to a disorderly person offense (misdemeanor type) more than 5 years ago, and have not been convicted of anything since, you can have your attorney petition to the Superior Court for an Expungement (Erase and removal) of your criminal record. If you plead guilty to a town ordinance (ex. - Seaside Heights Drinking in Public) you can petition for an Expungement after waiting two years. A Juvenile delinquent/guilty finding for a minor can also be expunged/erased under similar circumstances. In addition, minor drug arrests which resulted in first offender conditional discharge can be erased if one year has passed since termination of probation or conclusion of court proceedings. Most importantly, arrests on frivolous complaints which did not result in a conviction or if charges were dismissed, can be expunged, without waiting. THE EXPUNGEMENT PETITION You should contact an attorney experienced with handling expungements in the Superior Court. Your attorney will prepare an expungement petition which under state law must contain substantial background information, including: a. Date of Birth and Social Security # b. Date of Arrest c. Statute Arrested For and Statute Convicted d. Original Indictment, Summons, or Complaint Number e. Petitioner's Date of Conviction or Date of Disposition f. Court's Disposition of the Matter and Punishment Adopted, if Any In addition, the Expungement Petition must have an affidavit that states that there are no charges pending and that the petitioner never previously received a prior expungement. The Expungement Petition is filed in the county where the offense took place, not where the defendant lives. Once filed, the Superior Court will set a hearing within 35-60 days. As required under the statute, the attorney for the applicant must serve a copy of the Petition Order for hearing and supporting documents on the following people: 1. Superintendent of State Police 2. Attorney General 3. County Prosecutor of the county where the court is located 4. The Chief of Police where the event took place 5. The chief law enforcement officer of any law enforcement agency which participated in the arrest 6. The warden of any institution where the petitioner was confined, and 7. If the disposition was made by a municipal court, upon the municipal court which heard the case. If you satisfy all other statutory requirements and there is no objection by the entities notified, the court will usually grant an order directing the clerk of the court and all relevant criminal justice and law enforcement agencies to expunge (remove) records of said disposition including evidence of arrest, detention, conviction, and proceedings. There are additional pleadings which the applicant's attorney must prepare and file. If you have an old offense, it is important that you have the arrest expunged to keep your name and record clean. Expungement statute was reviewed in recent cases SUPERIOR COURT - CRIMINAL - FLAT FEE
AGREEMENT TO PROVIDE LEGAL SERVICE
Thank you for contacting Kenneth Vercammen & Associates, PC for representation in a criminal expungement Municipal Court matter. 1. Legal Services to be provided:
2. Flat fee: $1,200- $2,000
We will represent you at all stages from the initial interview to the first appearance in court, if needed. You represent that you have no other arrests or convictions other than the matters you wrote down on the interview sheet.
2. Fees. Fees can be paid by VISA, Master Card, American Express, check, money order or cash. Make checks payable to Kenneth Vercammen PC. 3. Representation/ What We will do for you. We will review and research necessary statutes and caselaw, contact the prosecutor, prepare defenses and determine mitigating factors. We agree to provide conscientious, competent and diligent services on the charges you provided us at the initial consultation. At all times we will seek to achieve solutions which are just and reasonable for you. WHAT WE WILL DO......
1. Telephone consultation with client;
2. Office consultation with client;
3. Offer sound legal advice to client, plus access to our legal info website www.njlaws.com
4. Opening of file and client may have free client case folder, Municipal Court brochure, DMV points brochure, and Website brochure;
5. Review of necessary statutes and case law;
6. Preparation of VERIFIED PETITION FOR EXPUNGEMENT OF RECORD PURSUANT TO N.J.S.A. 2C:52-6(a)
7. Preparation of CERTIFICATION to Prosecutor;
STATEMENT TO ACCOMPANY PETITION
- Preparation of ORDER FOR HEARING FOR EXPUNGEMENT PURSUANT TO N.J.S.A. 2C:52-6(a)
- Preparation of ORDER FOR EXPUNGEMENT
- Prepare Certified Mail Green cards for documents to be served on law enforcement and court.
- Preparation of statement to provide legal services;
- Preparation of filing letter to client with proposed Order for hearing and Order for Expungement;
- Preparation of filing letter to Court Expungement Unit
Follow up Court Order for hearing (takes approx 30 days)
- Preparation of letter with Order for hearing and proposed Order for Expungement to NJ Attorney General
Department of Law & Public Safety
Expungement Section- PO Box 080
Trenton, NJ 08625
- Preparation of letter with Order for hearing and proposed Order for Expungement to NJ Superintendent of State Police
Expungement Unit
River Road, PO Box 7068
West Trenton, NJ 08628
- Preparation of letter with Order for hearing and proposed Order for Expungement to County Prosecutor;
- Preparation of letter with Order for hearing and proposed Order for Expungement to Chief of Police;
- Preparation of letter to client with Order for hearing and proposed Order for Expungement to Municipal Court Administrator; Preparation of CERTIFICATION OF SERVICE OF ORDER FOR HEARING
8. Review documents supplied by client and court;
9. Travel to Court if required;
10. Negotiations with the Prosecutor and Representation in case.
11. Follow up with Prosecutor
12. Prepare defense and mitigating factors; If Expungement granted,
- Preparation of letter with signed Order for Expungement to
NJ Attorney General
Department of Law & Public Safety
Expungement Section- PO Box 080
Trenton, NJ 08625
- Preparation of letter with signed Order for Expungement to
NJ Superintendent of State Police
Expungement Unit
River Road, PO Box 7068
West Trenton, NJ 08628
- Preparation of letter with signed Order for Expungement to County Prosecutor;
- Preparation of letter with signed Order for Expungement to Chief of Police;
- Preparation of letter with signed Order for Expungement to Municipal Court Administrator; 13 Preparation of End of Case Letter and client questionnaire.
14. Free Brochures provided on other legal topics such as Worker's Comp, Wills, Personal Injury
15. Free subscription to monthly e-mail newsletter. Provide your email address.
16. Follow up telephone advice [If you call, provide the specific questions with the message. You can also fax your questions].
17. Invitation to client socials/ seminars and Community events via email.
18. Hold and maintain file for seven years in storage as free client service.
19. Free Magnet, Pen, T-shirt, soda/beer mug, foam soda can holder and estate planning book. Please ask Ken V or staff upon retaining the office.
The legal work includes research, correspondence, preparation and drafting of pleadings or other legal documents, conferences in person and by telephone with you and with others, dictating and reviewing letters, negotiations, and any other related work or service to properly represent you in this matter. The Law Firm will provide legal representation through an attorney who is licensed to practice law in New Jersey. ERASE/EXPUNGEMENT OF OLD ARRESTS details
We need: c1- client name _____________________
type of offense x2 ___________________ x3 Date of Arrest ___________________ x1 N.J.S.A. 2C: Statute Arrested For [ex 2C: 35-1] __________________ x4 Original Indictment, Summons, or Complaint Number ______________
e. Petitioner's Date of Conviction or Date of Disposition __________
f. Court's Disposition of the Matter and Punishment Adopted, if Any c4 Town of arrest ______________
c3 County of arrest _____________ Other details needed in Petition:
Petitioner herein who resides at _____________
2. Petitioner's date of birth is _______, Social Security Number is _________
This matter downgraded... [If matter was not downgraded, delete this line, & replace with: This was reviewed by the __________ Prosecutor]
6. On ______, the Honorable ___________ found Defendant guilty of the following offense: ________________________.
c1 was fined _____, costs of ______ and ______.
Once filed, the Superior Court will set a hearing within 35-60 days. As required under the statute, the attorney for the applicant must serve a copy of the Petition Order for hearing and supporting documents on the following people, Att: Expungement Unit:
1.) Superintendent of State Police
2.) Attorney General
3.) County Prosecutor of the county where the court is located
4.) The Chief of Police where the event took place
5.) The chief law enforcement officer of any law enforcement agency which participated in the arrest
6.) The warden of any institution where the petitioner was confined and
7.) If the disposition was made by a municipal court, upon the municipal court which heard the case. Our Computer Prints:
1. Verified Petition for Expungement
2. Statement to Accompany Petition
3. Order for Hearing - Court will fill in date
4. Letter to Expungement Unit - w/ Petition, Order for Hearing and Prop. Order for Expungement
5. Letter to Law Enforcement Groups - w/ Petition, Order for Hearing and Proposed Order for Expungement
6. Cert. of Service
7. Mailing Cert. of Service
8. Order for Expungement
9. Letter to Law Enforcement w/ signed Order for Expungement We call Superior Court and confirm address for Expungement Unit.
Using Letter 4., We Mail to Expungement Unit-
Orig. and one Petition
Statement to Accompany Petition
Order for Hearing
Prop. Order for Expungement
Check for $52.50
2 self-addressed stamped envelopes more info at http://www.njlaws.com/expungement.htm | 