When can i get an Expungement - NJ

[Electronics915]

State- NJ

I have a 2nd Degree Theft by unlawful taking conviction. The occurrence happened Nov. 26th 2006. Conviction happened January 16th 2009, for 3yrs Flat. Within 6 months I was released out of prison onto ISP. I completed ISP June 2011.

My co-defendant and I were put on a payment plan of $350/month to finish paying our approximate $58,000 restitution. I have finished paying my restitution in full March 2nd , 2015.

My conviction was in January 2009, it has been 9 years since my mistake and around 6 years from conviction.

Do I qualify for an expungement since I have my restitution paid off and 6 years have passed since my conviction?

 

[single317dad]

Standard waiting period in NJ for felony expungement is 10 years. The clock starts running from the latest date of completion of sentencing, parole, or probation.

There is a 5-year "early pathway" expungement possible, but you must prove it is in the best public interest to grant you early reprieve.

http://www.njexpungements.com/faq.php

The time it took you to pay your fines/restitution may also come into play:

http://njexpungements.com/fines.php

Source article is a commercial website, not a government source. I have no affiliation with those attorneys and do not recommend their services, but their website contains useful information.

 

[latigo]

State- NJ

I have a 2nd Degree Theft by unlawful taking conviction. The occurrence happened Nov. 26th 2006. Conviction happened January 16th 2009, for 3yrs Flat. Within 6 months I was released out of prison onto ISP. I completed ISP June 2011.

My co-defendant and I were put on a payment plan of $350/month to finish paying our approximate $58,000 restitution. I have finished paying my restitution in full March 2nd , 2015.

My conviction was in January 2009, it has been 9 years since my mistake and around 6 years from conviction.

Do I qualify for an expungement since I have my restitution paid off and 6 years have passed since my conviction?

Notwithstanding a pervious response to your question, on January 12, 2010 the New Jersey statutes pertaining to expungement were amended by (in some instances) reducing the expiration period following conviction from ten to five years. (See: New Jersey Statutes Annotated Section 2C:52-3 et seq.) In part:

"2)at least five years has expired from the date of his conviction, payment of fine, satisfactory completion of probation or parole, or release from incarceration, whichever is later; the person has not been convicted of a crime, disorderly persons offense, or petty disorderly persons offense since the time of the conviction; and the court finds in its discretion that expungement is in the public interest, giving due consideration to the nature of the offense, and the applicant's character and conduct since conviction."

For particulars and to determine your eligibility you should consult with a New Jersey licensed attorney acquainted with the law and complexities of the required procedure. It is not simple!

Also, please avoid the use of unnecessary and distracting bold type! People don't enjoy listening or reading others who shout at them!