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Criminal record expungement - charged with gun possessionSubmitted by workmedia Fri, 25 Jun 2010
Yes, your record may be expunged if you follow the proper channels, at a cost, and if you have never had an expungement before. Under the New Jersey law you can have several different criminal and misdemeanor arrest cleared. Prohibited Weapons 2C:39-3 and Weapon Unlawful Purpose 2C:39-4 are under this law. The cost for an expungement ranges from 1,500 to 2,500 dollars. This includes Superior Court cost and the attorney fees.
The process is fairly complicated and extensive. First, you must hire an attorney that is familiar with expungements. Then, the attorney will file the claim within the county the incident occurred not the county in which you live. Once the petition is filed the attorney has several other people he or she must send a copy of the petition order. These are as follows: Superintendent of State Police, Attorney General, County Prosecutor of the county where the court is located, The Chief of Police where the event took place, The chief law enforcement officer of any other law enforcement agency which participated in the arrest, The warden of any institution where the petitioner was confined, the Municipal Court if the disposition was made by a municipal court, County Sheriff if they took fingerprints. The Expungement Petition is filed with the Superior Court, the highest state court, instead of the Municipal Court, county level. The Superior Court will set a hearing date within 35 to 60 days after the petition has been filed. The following information is what the attorney will need to have available for the courts. The information is as follows: a. date of birth and Social Security Number, 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. If a court dismisses your case does not mean that it has been cleared from your record. The only way it is taken off your record to have a Superior Court judge expunge it.
If you have been charged with a gun crime in New Jersey, you need to speak with an attorney that has experience with expungements. Clark & Clark criminal attorneys have a combined 30 years of experience in the criminal justice system including New Jersey record expungement.
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