Expungement Archives - Kenneth Aita, Esq

Category: Expungement

Can I Get My Name Removed From the Sex Offender Registry?

A person who has been convicted of a sexual crime, such as child molestation or sexual assault, is required to register as a sex offender at their local sex offender registry.

A sex offender registry maintains a list of individuals who have been convicted of crimes that are sexual in nature. The sexual offender registry provides notice to the community of the presence of such individuals in their community so that they can be vigilant. Additionally, law enforcement officers can access these registries to investigate crimes of similar nature to apprehend repeat sexual offenders.

What is Megan’s Law?

Public access to the sex offender registry was instituted in response to the case of a seven-year-old girl named Megan Kanka. A repeat sex offender raped and murdered her in New Jersey in 1994.

Soon after, New Jersey legislature passed Megan’s Law, requiring notification to the public of sex offenders in their communities through sex offender registries. In 1996, the U.S. Congress followed by passing Megan’s Law amendment, requiring every state to maintain a sex offender registry and make it accessible to the public.

The information required on a sex offender registry may include the following:

Offender’s name
Date of birth
Address
Place of employment
Photograph
Driver’s license number
Vehicle identification number
Identifying marks and other physical features
Offenses and punishments

Can a Name be Removed from the Registry?

When the laws were passed requiring public access to sex offender registries, few anticipated that it may unfairly impact those who appeared on the registries prior to the passage of the law. With the advent of the internet, these registries are available online. It is fairly easy for people to access these registries. If anyone has been inadvertently added to these registries, they can have severe consequences to their reputations and careers.

Those who have been inadvertently harmed by these registries include gay men convicted of sodomy prior to 1976, those convicted of crimes involving consensual gay sex before it was legalized, teenagers convicted of statutory rape of their girlfriends who are close to the legal age for consensual sex, and others for indecent exposure.

What Crimes Can be Expunged?

Crimes that involved sexual activity with a child and violence can never be expunged. However, crimes that are non-violent and tried as misdemeanors may be expunged.

How Do I Get My Name Removed?

In order to petition for removal from the sex-offender registry, one should evaluate the nature of the sex offense conviction, the length of time that has passed since the offense, and what they have done to demonstrate that they no longer pose a threat to others. If the crime was non-violent in nature and less severe, one may be eligible.

A petition to have a name removed must be filed along with documentation that proves how that individual no longer poses a threat to their community. The petition should include certifications from professional psychiatrists and counselors, attesting to the individual’s counseling and treatments. The court will review the petition and either grant or deny the petition. Additionally, a lawyer will help the removal process go smoothly.

Haddonfield Criminal Defense Lawyers at Aita Law, LLC Help Clients with Expungements

A conviction involving sexual offenses can have severe consequences for life. If you have been unfairly convicted or believe you may be eligible for removal from the sex-offender registry, do not hesitate to contact one of our Haddonfield criminal defense lawyers at Aita Law, LLC. Our attorneys will evaluate your crimes and guide you through the removal process. Contact us online or call us at 856-287-7800 for a free consultation. Located in Haddonfield and Marlton, New Jersey, we serve clients throughout South Jersey, including Cherry Hill and Camden County.

The Clean Slate Provision for Expungements

In December of 2019, New Jersey Gov. Phil Murphy signed into law the Senate Bill 4154, which provides a path for expungement for a range of offenses that were previously barred from such relief. This “clean slate” provision has been created to help those who might not have had an opportunity for expungement in the past or became entangled in the complex judicial rules of the state.

Who is Eligible for Expungement Under the Clean Slate Provision?

There are different levels of eligibility based on the new provision. The standard waiting period for expungement has been lowered from six years to five years. The number of offenses that can be expunged has risen from four to five. Previously, only the most recent conviction could be expunged, provided that it was eligible for expungement.

Anyone who has remained offense-free for 10 years will have all offenses removed from the record as part of the new law. However, the offenses must be eligible for the program. Offenses like robbery, murder, aggravated assault, and sexual assault cannot be expunged.

Additionally, a drug charge will be considered a disorderly persons offense. This offense can be expunged like any other, provided that the offender has gone 10 years without another offense. Someone with two or more unrelated convictions could not have his or her convictions expunged. Under the new law, expungements are allowed for eligible offenses, even if both offenses occurred at the same time.

An important feature to note is that anyone who has an ineligible offense on his or her record cannot file for expungement. Moreover, someone who is convicted of an ineligible offense after expungement will have those expungements nullified.

While Gov. Phil Murphy believes a long record of law abiding citizenship is a good indicator of rehabilitation, anyone who goes back to a life of crime will lose the benefits of this new law.

How are Eligible Expungements Claimed?

Expungements can be handled through an online system that was created with this new law. The law eliminates all expungement fees, and it only asks for compelling reasons to expunge certain offenses. Someone who is seeking an expungement no longer must prove that it is in the public interest for them to receive an expungement.

The system is also automated. New Jersey plans to create a system that will expunge all eligible offenses after 10 years without filing. This system is currently in development, and the law requires the state to budget for this program.

Currently, someone who wishes to file for an expungement under the law must submit his or her expungement application, pay a standard filing fee, and wait for the paperwork to be processed.

How Can a Lawyer Help During This Process?

Filing for an expungement can be complicated if the offender needs to provide compelling reasons to have his or her record expunged. The offender’s crimes may stretch back for some time or may fall near the line of ineligibility. While the law states that violent offenses cannot be expunged, a lawyer may need to review the case if the offender believes he or she was wrongfully convicted and has already served his or her sentence.

Haddonfield Criminal Defense Lawyers at Aita Law, LLC Assist Anyone Seeking Expungement Under the New Clean Slate Provision

Reach out to one of our Haddonfield criminal defense lawyers at Aita Law, LLC for help with an expungement today. A member of our legal team will review your case and help you file for an expungement for all eligible offenses. Call us today at 856-287-7800 or contact us online for a free consultation. Located in Haddonfield and Marlton, New Jersey, we serve clients throughout South Jersey, including Cherry Hill and Camden County.

Do I Need a Lawyer for a Disorderly Conduct Charge?

Although being charged with disorderly conduct may not be the most severe penalty in New Jersey, it remains a serious violation in terms of how it can affect someone. For this reason alone, many people choose to work with criminal defense attorneys when they have been accused of a petty disorderly person offense.

What Is Disorderly Conduct?

In New Jersey, disorderly conduct can be verbal, physical, or both. It may include starting a fight, threatening another individual, or simply yelling abusive comments at someone in a public place. Common public places include campus arenas, athletic stadiums, amusement parks, and grocery stores.

A person charged with disorderly conduct will usually be fingerprinted and booked, which will automatically transfer to a criminal arrest record. The penalties for a disorderly conduct charge can include $500 for the offense and up to six months in jail. If a vehicle is involved in the disorderly conduct charge, the offender may forfeit the right to have a license for up to two years.

Is a Disorderly Conduct Charge Serious?

Plenty of people believe that disorderly conduct is unimportant because it is a minor infraction of the law. However, all criminal charges will be reflected on a person’s permanent record. If charges remain on someone’s permanent record, anyone who conducts a background check will be able to see any arrests.

Employers, landlords, banks, and other entities and persons who pay for a background check may decide not to do business with someone who has been arrested. It does not matter if it was a petty offense. A person’s record will show that a crime took place and that the individual was convicted.

Is There a Way to Fight a Disorderly Conduct Charge?

Criminal defense attorneys will fight to get charges lowered or removed. It may be difficult for a person to do this alone, so it is best to seek an accomplished attorney about your legal options.

Depending on the situation, the disorderly conduct charge could be dismissed entirely. If this is impossible, the courts might be willing to change the charge and move it to an ordinance violation. An ordinance violation is a municipal offense, not a criminal offense, and does not show up on a permanent record.

Another common defense tactic is to negotiate a deal with the prosecutor. For instance, the prosecutor may agree to drop charges after the violator attends counseling or meetings, such as Alcoholics Anonymous. After completion of the agreed-upon counseling, the criminal record will be expunged within an acceptable time frame.

Again, these types of negotiations are best handled by a professional legal provider and not the accused. An accused person who tries to defend themselves may make their circumstance worse. Criminal defense attorneys take a third-party viewpoint while still serving the needs of their clients.

Cherry Hill Criminal Defense Lawyers at Aita Law, LLC Determine the Best Course of Action for Clients Charged with Disorderly Conduct and Other Petty Offenses

If you were charged with disorderly conduct or another petty offense, contact one of our experienced lawyers today about your options. Our knowledgeable Cherry Hill criminal defense lawyers at Aita, Law, LLC will fight to protect your rights and will help you with charges brought against you. Contact us online or call us at 856-287-7800 to schedule a free consultation about your case. Located in Haddonfield, New Jersey, we serve clients in Camden County, Cherry Hill, and throughout the South Jersey area.

Conditional Discharge for First-Time Drug Charges

If an offender has a first-time drug charge, a disorderly charge, or a petty disorderly person offense in New Jersey, they may be eligible for conditional discharge. Defendants must typically complete a probation period up to three years in order to qualify for dismissal of the charges against them. There are various benefits to conditional discharges; however, only certain cases qualify for this diversionary program.

First-Time Drug Charges in New Jersey

In New Jersey, crimes are classified as either indictable or non-indictable. Indictable crimes carry jail sentences and include crimes of the first, second, third, and fourth degree. Non-indictable offenses consist of less serious crimes which are either classified as disorderly person offenses or petty disorderly person offenses. These crimes are not necessarily punishable by jail time, but they often carry fines up to $1,000.

Those who are charged with a disorderly persons or petty disorderly persons offense involving drugs, such as possession of less than 50 grams of marijuana or possession of drug paraphernalia, may be eligible for conditional discharge.

Benefits of Conditional Discharge

Those who qualify for conditional discharge will have the charges against them dropped. This means that they will not be convicted if they meet the terms of the conditional discharge. Arrests will remain on record but can later be expunged, allowing a first-time offender to avoid having a criminal record.

Another benefit of conditional discharge is that it allows for an exception to mandatory license suspension. Under New Jersey law, those who are admitted into the conditional discharge program must have their license suspended for six months to two years; however, the court may decide not to suspend the defendant’s license if suspension of those privileges would constitute an extreme hardship.

Eligibility for Conditional Discharge

Eligibility for conditional discharge is determined by the judge and depends on the circumstances of the case. However, there are certain general requirements, including:

Eligibility for first-time offenders only. Those who have already been convicted of a drug offense will not qualify for conditional discharge.
Only those who are charged with a disorderly persons or petty disorderly persons offense. Those who are charged with more serious, indictable crimes will not be able to obtain conditional discharge.
Offenders who have not been previously qualified for conditional discharge or have participated in similar diversionary programs. For example, those who already took advantage of the Pretrial Intervention Program will not be allowed to also obtain conditional discharge.

Those who are granted conditional discharge must adhere to the agreed-upon terms. They must last the entire probation period, which is typically one to three years, arrest-free. They must also pass all random drug tests administered during that time.

Cherry Hill Criminal Lawyers at Aita Law, LLC Help First-Time Drug Offenders Obtain Conditional Discharges

If you are a first-time drug offender, you may be eligible for conditional discharge. Our Cherry Hill criminal lawyers at Aita Law, LLC will help you get your dropped and expunged from your record. Contact us online or call us at 856-287-7800 for a free consultation about your case. Located in Haddonfield, New Jersey, we also serve clients in Camden County, Cherry Hill, and throughout South Jersey.

Expungement in New Jersey

Expungement allows one to petition a superior court to remove all police, court, and corrections records as though none of these incidents occurred. Without expungement, once a police or court record is created, that individual will find it hard to apply for jobs, credit, specific licenses, or even rental property, as these records will be revealed in background checks. After a successful expungement, however, the background check will not reveal the foregoing police, court, and corrections records. Serious crimes, including murder, child pornography, terrorism, drug distribution, sexual assault, kidnapping, arson, and child endangerment cannot be expunged.

New Jersey recently implemented new laws with regard to expungement. These laws reduce the waiting period for eligibility and increase the number of convictions an individual can seek to expunge, among other things. The expungement can take up to six months to complete. Due to the recent changes to the law, many are interested in expunging their records. In order to expunge a record, the following steps should be followed:

Criminal Records: One needs to collect all criminal records, including Judgments of Convictions and Dispositions from the court. If the records are already available, a petition can be drafted. Otherwise, the records need to be obtained from the court. Depending on the courthouse applied to, it may take anywhere from a few days to weeks to obtain a criminal record.

Expungement Petition: Once all records have been obtained, an expungement petition must be drafted. This petition must then be signed in front of a notary public. After the petition has been finalized, it must be filed with the accompanying records with the court.

Serve the Petition: After the executed expungement petition is filed, a copy of the filed petition will then be served upon applicable governmental agencies through certified mail.

Hearing: After the petition has been filed with the court, the presiding judge may request an appearance by the petitioner where the judge may decide whether to grant the petition. The county prosecutor may make an objection to the expungement. The prosecutor will have to draft a letter explaining reasons for the objection. A response to the objection will then be necessary, outlining the reasons for allowing expungement.

Service of the Judge’s Expungement Order

If the expungement petition is granted by the judge, the petitioner needs to then serve the judge’s order on government agencies, such as the courts, police departments, FBI, or other agency that has the record and request its removal from their offices. Many agencies take substantial amounts of time to expunge records from their databases. After the expungement has been completed, the State Police will then send a notification regarding the successful removal of all records.

Expungement can have positive outcomes and allow individuals to seek course correction. Due to the recent changes, many individuals have become eligible, causing delays in the actual expungement of records. Therefore, it is crucial to petition as soon as possible so that you can set the record clean and make a fresh start.

Haddonfield Criminal Lawyers at Aita Law, LLC Help Individuals with the Expungement Process

If you need assistance with the expungement process, contact the Haddonfield criminal lawyers at Aita Law, LLC. Criminal records can hinder one’s future, we will walk you through the process of expungement so that you can have a fresh start. For a free consultation, contact us online or call us at 856-287-7800. Located in Haddonfield, New Jersey, we represent clients throughout South Jersey, including Cherry Hill and Camden County.

How Does a Criminal Conviction in New Jersey Alter Your Life?

When a person is convicted of a crime, they must pay their debt to society for that crime in some way. Depending on the circumstances, the debt may be paid in financial penalties, loss of driving privileges, probation, or for more serious crimes, imprisonment. After the debt is paid, the person is supposed to return to society and continue their life. Hopefully, the pain of paying the penalty will deter future criminal activity.

Unfortunately, the criminal justice system is not perfect. Often, a person convicted of a crime may continue to suffer negative consequences long after the official debt to society has been paid. It is important for a person accused of a crime to understand how a criminal conviction may impact their life. Employment, educational opportunities, finances, and family life can all be negatively impacted by a conviction.

Employment

Whether an applicant had a criminal record has been a typical question used by prospective employers to screen job applicants. This approach resulted in many people with criminal records having great difficulty receiving job interviews. This demoralizing and counterproductive practice is now being reformed. The New Jersey Opportunity to Compete Act prohibits employers with more than 15 employees from asking applicants about their criminal history during the initial application process. The issue may still be in play for smaller employers. A criminal conviction can also cause someone to lose their job. Certain state employees, as well as individuals with professional licenses, are at risk of being fired after being convicted of a crime.

Finances

A domino effect can be experienced where the conviction directly or indirectly impacts finances. If the conviction imposes hefty fines, then paying that fine could pose a serious financial setback. Other less direct consequences can occur as in the instance of a suspended license. Consequences include increased car insurance costs, commuting costs, and even loss of a job. A conviction can also result in being underemployed and underpaid.

Education

College applications also typically include questions about having a criminal record. Convictions related to disorderly persons or for felonies can be used to justify rejecting an applicant from admission. Sometimes, colleges expel or put students on probation if they were convicted of a crime.

Deportation

A person who is not a permanent citizen can be at risk of deportation if they are convicted of a violent crime. In addition, it is possible to be denied a green card, visa, or citizenship if convicted of a crime involving moral turpitude.

Removal of Criminal Convictions from Record

There is a chance to remove certain criminal convictions from the record. Expungement requires petitioning the court, as well as waiting a significant period of time after the conviction has passed. In addition, certain crimes, such as sexual assault and robbery, can never be expunged.

Haddonfield Criminal Lawyers at Aita Law, LLC Help Those Facing Criminal Charges

If you were accused of a crime, it is important to understand your rights to representation and use those rights to protect yourself. Our experienced Haddonfield criminal lawyers at Aita Law, LLC represent those accused of crimes and successfully achieve expungement of criminal records for our clients. Call us at 856-287-7800 or complete an online form for a free consultation. Located in Haddonfield, New Jersey, we represent clients throughout South Jersey, including Cherry Hill and Camden County.

New Jersey’s Changing Marijuana Laws

Though many attempts have been made to legalize adult-use and recreational marijuana in New Jersey, it is only legal for medical purposes, so it is still possible to be arrested for smoking marijuana. Last summer, Governor Phil Murphy and New Jersey lawmakers took steps to revive laws to make marijuana legal. The efforts focus on recreational and medical marijuana bills, and records expungement of some state residents with previous convictions.

Medical Marijuana Reforms

Assembly Republicans claimed that the state should have passed medical marijuana expansion rules a long time ago, since the program does not have enough dispensaries and is costly for patients. Gov. Murphy and The New Jersey Department of Health made nine changes that were intended to expand medical marijuana access for New Jersey residents.

These new rules are now in effect, and include reduced registration fees for patients, caregivers, military veterans, and seniors. Other changes include the addition of different forms of medical marijuana, such as oil-based formulations, and additional eligible debilitating medical conditions, such as Opioid Use Disorder and migraines. Patients may also benefit from streamlined processes for paperwork and supply chains.

The Marijuana and Vaping Summit

Gov. Murphy recently attended a summit with other Democratic governors in nearby states to work on marijuana and vaping regulations. Their goal is to create similar laws for neighboring states where people cross borders every day; it would allow them to purchase products in one state and take them to another legally. The topic of vaping was also discussed, particularly its hazards and the recent deaths and illnesses attributed to its use. Gov. Murphy recommend banning flavored vaping products in New Jersey.

Bills, Polls, and an Upcoming Vote

The first bill to legalize adult-use marijuana was introduced in May 2017 but was opposed by then-Governor Chris Christie. Even though Gov. Murphy supports its legalization and expungement for those convicted of marijuana-related offenses, the New Jersey Senate has not been able to change the law. Murphy supports bill S-3205, which would change how criminal records are expunged. The bill would apply to individuals for up to 10 years after they completed parole, probation, or were released, whichever was last completed. The bill did not pass.

It is expected that New Jersey lawmakers will vote on marijuana laws between November and January, although the exact legislation has not been determined as of yet. It could include a referendum on next year’s ballot to ask voters to make the choice, or a proposed legalization law. If and when it does pass, it would take six months to a year for the regulatory process to become finalized.

Haddonfield Criminal Lawyers at Aita Law, LLC Help Clients Facing Drug Charges

If you are facing criminal charges for marijuana use or possession, contact a knowledgeable South Jersey drug possession lawyer at Aita Law, LLC. Our experienced staff is well-versed on the changing laws and will fight to protect your rights. For a free consultation, complete our online form or call us at 856-287-7800. Located in Haddonfield, New Jersey, we serve clients throughout South Jersey, including Cherry Hill and Camden County.

Do I Have to Wait for the Legalization of Marijuana to Get My Charges Dropped?

Although Governor Phil Murphy campaigned on a recreational marijuana legalization platform nearly two years after he assumed office, there is still no legal recreational cannabis in the Garden State. If you were arrested for possession of marijuana, you are still committing a crime. Fortunately, there are ways to get the charges erased from your record, so that they do not affect your future ability to obtain employment or qualify for loans and scholarships. Much depends on the individual circumstances of each case and the amount of marijuana involved.

Expungement

Expungement wipes the record of a criminal conviction, or even an arrest, clean. Background checks will not reveal this record. While the time limit for marijuana possession or distribution expungements vary according to the charges, in most cases, a person is permitted only one expungement in a lifetime. Currently, if a person successfully completes probation drug court, New Jersey allows for the expungement of records for marijuana possession or distribution convictions, if the amount involved was less than 25 grams.

If a person is arrested for marijuana possession, but the case is quickly dismissed, they can start the expungement process right away to remove the arrest record. Expungements for such dismissals do not include the one-time use factor. If the person is arrested and successfully completes a pre-trial intervention program, a waiting period of six months is imposed before applying for expungement.

For those who pleaded guilty to or were convicted of marijuana possession of less than 50 grams, the waiting period before applying for expungement is five years. It is possible to apply after three years if the individual can show a good reason for the early consideration. This is a disorderly persons offense, and expungement is not possible for someone who has more than two disorderly persons convictions.

The expungement process requires a great deal of paperwork, which is sent to various parties statewide. While it is possible for someone to tackle expungement on their own, it is a complex undertaking and why relatively few complete all the necessary documentation on their own. Legal help can make the expungement a reality.

Legalization

If legalization does occur, erasing the record should be a smoother process. However, it is still not known exactly what form post-legalization expungement will take. One proposed bill, which has not become law, allows people to clear marijuana offenses from their record at no cost, but all documentation is still required. Under this proposal, there is no expungement waiting period.

Governor Murphy voiced support for a measure that would make nonviolent misdemeanor charges more than 10 years old invisible to anyone outside of the law enforcement and judicial system. It is based on Pennsylvania’s Clean Slate Law. There is also the question of which marijuana offenses are expungable after legalization.

Haddonfield Criminal Lawyers at Aita Law, LLC Help Those Charged with Marijuana Offenses

Until legalization, a marijuana charge can have lasting repercussions. If you are facing marijuana charges or want to know about expungement for prior offenses, contact an experienced Haddonfield criminal lawyer at Aita Law, LLC. Call us today at 856-287-7800 or contact us online to schedule a free consultation. Located in Haddonfield, New Jersey, we represent clients throughout South Jersey, including Cherry Hill and Camden County.