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Expungement

At Resch & Driscoll, P.C. we will do all we can, within our powers to have your record expunged.

An expungement is the extraction and isolation of all records on file within any court, detention or correctional facility, law enforcement or criminal justice agency concerning a person's detection, apprehension, arrest, detention, trial or disposition of an offense within the criminal justice system.
Expunged records include complaints, warrants, arrests, commitments, processing records, fingerprints, photographs, index cards, "rap sheets" and judicial docket records.
In New Jersey, some records cannot be expunged; for example if you were convicted of:

murder
manslaughter
kidnapping
rape
forcible sodomy
arson
perjury
robbery
conspiracy
Records of conviction for any crime committed by a person holding any public office, position or employment, elective or appointive
In the case of conviction for the sale or distribution of a controlled dangerous substance or possession thereof with intent to sell, expungement shall be denied except where the crimes relate to:

1. Marijuana, where the total quantity sold, distributed or possessed with intent to sell was 25 grams or less; and
2. Hashish, where the total quantity sold, distributed or possessed with intent to sell was five grams or less.

Can I get my juvenile records expunged?

Any person that committed a crime while a juvenile delinquent may have their record expunged if the act committed by the juvenile would have constituted a crime if committed by an adult; if the act committed by the juvenile would have constituted a disorderly or petty disorderly persons offense, ordinance violation if committed by an adult.

Furthermore, any person who has been adjudged a juvenile delinquent may have his entire record of delinquency expunged if:

Five years have elapsed since the final discharge of the person from legal custody or supervision, or 5 years have elapsed after the entry of any other court order not involving custody or supervision
He has not been convicted of a crime, or a disorderly or petty disorderly persons offense, or adjudged a delinquent, or in need of supervision, during the 5 years prior to the filing of the petition, and no proceeding or complaint is pending seeking such a conviction or adjudication
He was never adjudged a juvenile delinquent on the basis of an act which if committed by an adult would constitute a crime not subject to expungement
He has never had an adult conviction expunged
He has never had adult criminal charges dismissed following completion of a supervisory treatment or other diversion program. Any person who has been charged with an act of delinquency and against whom proceedings were dismissed may have the filing of those charges expunged.

For more information about Expungements please contact either Kurt Resch or Denis Driscoll at (201) 488-5454 or email them at Kurt@LawyerNJ.com or Denis@LawyerNJ.com.

Resch & Driscoll, P.C
A Professional Corporation
175 Hudson Street
Hackensack, NJ 07601
(201) 488-5454
Fax (201) 488-0282

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175 Hudson St - Hackensack, NJ 07601 (201) 488-5454

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