Alternatives to Expungement in New Jersey

If you’re unable to qualify for expungement in New Jersey, it can feel like you’ve hit a dead end. However, there are other legal avenues available that may offer relief and a chance to move forward. At Katherine O’Brien Law, we’re dedicated to helping you explore and pursue these alternatives.

Understanding Expungement and Its Limitations

Expungement is the process of legally clearing a criminal record, giving individuals a fresh start. However, New Jersey law sets strict criteria for eligibility. Some crimes are ineligible for expungement, including:

Violent Crimes: Such as murder, kidnapping, and aggravated sexual assault.
Serious Drug Offenses: Including significant drug distribution charges.
Certain Sex Offenses: Like aggravated criminal sexual contact.
Public Administration Crimes: Such as perjury and false swearing.

Given these limitations, it’s essential to consider other options if you find yourself ineligible for expungement.

Consulting with an Expungement Attorney

The first and most crucial step is to consult with an experienced expungement attorney. At Katherine O’Brien Law, we’ve encountered many clients who were initially told they weren’t eligible for expungement, only to discover that changes in the law or misinterpretations of their cases meant they were indeed eligible. Regular updates to New Jersey’s expungement laws mean it’s always worth getting a second opinion.

Alternatives to Expungement

If expungement isn’t an option for you, here are some alternatives to consider:

Clemency: Clemency, which includes pardons and commutations, is a powerful tool for those seeking relief from the consequences of a criminal record.
- Pardons: A pardon is an official forgiveness for an offense, which can eliminate barriers to expungement. While pardons are granted at the discretion of the governor and are historically rare, the process has recently been streamlined to increase accessibility.
- Commutation of Sentences: This reduces the severity of the punishment but doesn’t erase the conviction from your record.
Certificates of Rehabilitation: Although not as powerful as expungement, certificates of rehabilitation can help demonstrate to employers and other entities that you’ve been rehabilitated and are committed to a law-abiding life.
Motion to Reopen a Case: In some instances, it may be possible to file a motion to reopen a case if there were legal errors in the original trial or if new evidence has come to light.

New Jersey’s Updated Clemency Procedures

In June 2024, New Jersey updated its clemency procedures to broaden the categories of cases eligible for expedited review. These updates include:

Expedited Review: Certain cases now qualify for faster processing, reducing the wait time for clemency decisions.
Clemency Review Board: The new board helps streamline the application process, providing a more structured and supportive approach for applicants.

At Katherine O’Brien Law, we offer assistance with pardon applications. Our team can help you navigate the complex process, draft compelling arguments, and ensure all necessary documentation is included to enhance your chances of success.

Why Legal Assistance Matters

Navigating alternatives to expungement requires a deep understanding of the law and strategic planning. An experienced attorney can provide invaluable assistance by:

Assessing Your Eligibility: Ensuring you’ve explored all possible avenues for expungement.
Strengthening Your Application: Crafting persuasive arguments and presenting a strong case for clemency or other forms of relief.
Providing Up-to-Date Advice: Keeping you informed about the latest legal changes and how they impact your situation.

Our Guaranteed Expungement Service* includes all of the following:

When we handle your expungement, our service includes not only obtaining the actual court order expunging/sealing your records but we will also:

Guaranteed Expungement* or Your Money Back! We are so confident in our services that we will guarantee expungement or we will refund our legal fee in full.
Obtain non-certified dispositions for your records. Before expunging/sealing your record, you should obtain your case dispositions for your files since, once the records are ordered expunged/sealed, you will likely not be able to obtain them. Should you ever be required to disclose or need access to your expunged/sealed records for any reason, it will be tough, if not impossible, to obtain them once your cases have been expunged/sealed. As part of our representation, we will obtain non-certified case dispositions on your behalf. Moreover, should you require certified case dispositions (usually required for immigration proceedings), we can also obtain those on your behalf for an additional fee.
Ensure that your expunged/sealed records are removed from private databases. As part of our representation of you, we will not only obtain an order expunging/sealing your records and ensure that your records are removed from the applicable state agencies’ databases, but we will go the extra mile by providing – at no additional cost – the invaluable service of making sure that the various online, private background check databases (such as Checkr, Truthfinder, Sterling, etc.) have removed your expunged records from their databases. Other law firms either do not offer this service at all or charge upwards of $200 to $400 additional for this service. At Katherine O’Brien Law, when we say that we will handle your expungement/sealing from start to finish for a flat fee price, we mean it, and we go above and beyond for our clients to ensure their expunged records are removed for good from all possible sources.
Ensure that your expunged records are removed from government databases. After the court orders your expungement and the expungement order is served on the applicable government agencies, such as the police department that arrested you, the applicable court, the probation office, the county prosecutor, etc., the expungement lawyers at Katherine O’Brien Law will go above and beyond by confirming that your records were actually removed from the applicable databases. You would not believe how frequently we have found the state agencies to have failed to properly update their databases – despite proper service of the expungement order by our office. Shockingly, we have found that approximately one-third of the time, government agencies have failed to remove expunged records from these databases properly. We cannot stress how important it is to verify, post-expungement, that the state agencies, such as the municipal courts, have removed your records per the expungement order.
Offer free lifetime record removal services. Finally, despite our diligent and proper handling of your case and our dedication to ensuring that your records have been appropriately removed from the state and private databases, with the advent of the internet and information sharing, it is possible that an Internet background check company might improperly reveal your expunged record. Should this happen to you, we offer a free lifetime record removal service to our expungement/sealing clients. We will immediately reach out to the relevant background check company on your behalf and demand that they remove your expunged records from their system and correct any reports issued on your behalf. Other law firms provide you with a form letter and instructions on how to do this yourself.

*The use of the word “guaranteed” in attorney advertisements specifically refers to a refund policy and does not imply a guarantee of any particular outcome in your legal case. Legal cases are inherently unpredictable, and the result of any legal matter cannot be assured. Katherine O’Brien Law guarantees that you will receive a full refund of our legal fee if you do not obtain the desired outcome. This guarantee applies solely to the refund and not to the success or outcome of your case. Please also be advised that if expungement was denied for your failure to disclose your entire criminal record, the guarantee does not apply. For more information and to discuss your specific legal situation, please consult with one of our experienced attorneys.

Conclusion

While expungement may not be available to everyone, there are still viable alternatives that can provide significant relief. If you’re facing barriers due to a criminal record, don’t hesitate to reach out for professional legal advice.

Contact us at Katherine O’Brien Law for a consultation to discuss your options. Visit our website at obrienlaw.com to schedule your free, no-obligation consultation today. We’re here to help you find the best path forward.