FAQs About Record Expungement of Shoplifting Arrests and Convictions
What is record expungement?
If you have a criminal record in New Jersey, generally, your conviction is a matter of public record. This means creditors, landlords, potential employers, insurance companies, and even colleges that run background checks can see your criminal record and use that information when making a decision to hire you or lend you money – or even in whether or not to offer you certain types of insurance coverage.
What are the benefits of having a shoplifting record expunged (sealed)?
When a criminal arrest or conviction record is expunged:
- Your criminal record is sealed from the public;
- All agencies that have information on record must purge any record of your arrest, conviction, and any deferred adjudication;
- Any sealed information will no longer show up in background checks;
- You will be permitted to legally state you were not arrested or convicted for any offense that has been expunged; and
- Information in a sealed record cannot be used against you – even if you are ever arrested or charged with other crimes in the future.
Can I have a criminal record for shoplifting arrest or conviction expunged (sealed)?
Generally, in New Jersey, if you were convicted of shoplifting your criminal record is eligible for expungement five years after you have paid any fines and/or made restitution, and have served the sentence. This is true for most Disorderly Persons Ooffenses (misdemeanor crimes) including: shoplifting, simple assault, possession of marijauna, and underage drinking. Municipal Ordinance violations (petty offenses) are eligible for record expungement after two years.
What is the waiting period before I am eligible for record expungement for a shoplifting arrest/conviction?
The following is a chart which sets forth the general eligibility requirements for an expungement in NJ and the waiting periods for filing a petition for expungement in NJ.
|TYPE OF CONVICTION||TIME ELAPSED SINCE CONVICTION|
|Indictable two or more convictions||10 years waiting period from completion of sentence|
|Disorderly Persons (up to 3 disorderly)||5 years waiting period from completion of sentence|
|Petty Disorderly Persons||5 years waiting period from completion of sentence|
|Municipal Ordinances||2 years waiting period from completion of sentence|
|Juvenile Delinquency||5 years waiting period from completion of supervision|
|Possession of CDS <21 yoa||1 year period from completion of sentence|
|Arrests not resulting in Convictions||Immediately|
|Conditional Discharges/Pretrial Invention||6 months|
I do not live in New Jersey. Do I have to come to NJ to have my shoplifting criminal record expunged (sealed)?
Attorneys at Clark & Clark, LLC handle New Jersey criminal record expungements for shoplifting for out of state residents as well as in state residents. You do not need to come back to New Jersey in order to have your expungement effectively litigated. Our attorneys can prepare all the filings and handle any expungement matter that needs to be litigated in court without you ever having to come to New Jersey. Contact us today to discuss the details.
How long does it take before record of a shoplifting arrest/conviction is expunged (sealed)?
Pursuant to New Jersey Court rules, the expungement motion should be scheduled from 30 to 60 days from the filing of the expungement petition. However, County is slightly different as far as the time it takes to get your case listed on the expungement calendar. Due to the tremendous increase in the amount of people seeking expungements in New Jersey, some courts may take slightly longer. If you need your matter expunged quickly, please contact our office and we will assist in getting your case expunged on an expedited basis if possible.