Monday, November 20, 2017

2C:13-2. Criminal restraint

2C:13-2.  Criminal restraint
    A person commits a crime of the third degree if he knowingly:

    a.  Restrains another unlawfully in circumstances exposing the other to risk  of serious bodily injury;  or

    b.  Holds another in a condition of involuntary servitude.

    The creation by the actor of circumstances resulting in a belief by another  that he must remain in a particular location shall for purposes of this section  be deemed to be a holding in a condition of involuntary servitude.

    In any prosecution under subsection b., it is an affirmative defense that the person held was a child less than 18 years old and the actor was a relative  or legal guardian of such child and his sole purpose was to assume control of  such child.

Sunday, November 19, 2017

2C:11-5.1 Knowingly leaving scene of accident under certain circumstances; crime, sentencing.

2C:11-5.1  Knowingly leaving scene of accident under certain circumstances; crime, sentencing.
   1.   A motor vehicle operator who knows he is involved in an accident and knowingly leaves the scene of that accident under circumstances that violate the provisions of R.S.39:4-129 shall be guilty of a crime of the second degree if the accident results in the death of another person.

   If the evidence so warrants, nothing in this section shall be deemed to preclude an indictment and conviction for aggravated manslaughter under the provisions of N.J.S.2C:11-4 , reckless vehicular homicide under the provisions of N.J.S.2C:11-5 or strict liability vehicular homicide under the provisions of section 1 of P.L.2017, c.165 (C.2C:11-5.3).

   Notwithstanding the provisions of N.J.S.2C:1-8 or any other provisions of law, a conviction arising under this section shall not merge with a conviction for aggravated manslaughter under the provisions of N.J.S.2C:11-4, reckless vehicular homicide under the provisions of N.J.S.2C:11-5 or strict liability vehicular homicide under the provisions of section 1 of P.L.2017, c.165 (C.2C:11-5.3) and a separate sentence shall be imposed upon each such conviction.

   Notwithstanding the provisions of N.J.S.2C:44-5 or any other provisions of law, when the court imposes multiple sentences of imprisonment for more than one offense, those sentences shall run consecutively.

   For the purposes of this section, neither knowledge of the death nor knowledge of the violation are elements of the offense and it shall not be a defense that the operator of the motor vehicle was unaware of the death or of the provisions of R.S.39:4-129.


Tuesday, November 14, 2017

Court Rule 3:13-3. Discovery and Inspection

Court Rule 3:13-3. Discovery and Inspection 
(a) Pre-Indictment Discovery. Unless the defendant agrees to more limited discovery, where the prosecutor has made a pre-indictment plea offer, the prosecutor shall, at the time the plea offer is made, provide defense counsel with all available relevant material that would be discoverable at the time of indictment pursuant to paragraph (b)(1) of this rule, except that: 
(1) where the prosecutor determines that pre-indictment delivery of all discoverable material would hinder or jeopardize a prosecution or investigation, the prosecutor, consistent with the intent of this rule, shall provide to defense counsel at the time the plea offer is made such relevant material as would not hinder or jeopardize the prosecution or investigation and shall advise defense counsel that complete discovery has not been provided; or 
(2) where the prosecutor determines that physical or electronic delivery of the discoverable material would impose an unreasonable administrative burden on the prosecutor's office given the nature, format, manner of collation or volume of discoverable material, the prosecutor may in his or her discretion make discovery available by permitting defense counsel to inspect and copy or photograph such material at the prosecutor's office. 
Notwithstanding the exceptions contained in paragraphs (a)(1) and (a)(2) of this rule, the prosecutor shall provide defense counsel with any exculpatory information or material.
(b) Post-Indictment Discovery. 
(1) Discovery by the Defendant. Except for good cause shown, the prosecutor's discovery for each defendant named in the indictment shall be delivered to the criminal division manager's office, or shall be available through the prosecutor's office, upon the return or unsealing of the indictment. Good cause shall include, but is not limited to, circumstances in which the nature, format, manner of collation or volume of discoverable materials would involve an extraordinary expenditure of time and effort to copy. In such circumstances, the prosecutor may make discovery available by permitting defense counsel to inspect and copy or photograph discoverable materials at the prosecutor's office, rather than by copying and delivering such materials. The prosecutor shall also provide defense counsel with a listing of the materials that have been supplied in discovery. If any discoverable materials known to the prosecutor have not been supplied, the prosecutor shall also provide defense counsel with a listing of the materials that are missing and explain why they have not been supplied. 
If the defendant is represented by the public defender, defendant's attorney shall obtain a copy of the discovery from the prosecutor's office or the criminal division manager's office prior to the arraignment. However, if the defendant has retained private counsel, upon written request of counsel submitted along with a copy of counsel's entry of appearance and received by the prosecutor's office prior to the date of the arraignment, the prosecutor shall, within three business days, send the discovery to defense counsel either by U.S. mail at the defendant's cost or by e-mail without charge, with the manner of transmittal at the prosecutor's discretion. Defense counsel shall simultaneously send a copy of the request for mail or e-mail discovery to the criminal division manager's office. 
If the defendant is unrepresented at the prearraignment conference, a copy of the discovery shall be provided to defense counsel upon request as provided for in the preceding paragraph, or at the arraignment/status conference, which shall occur no later than 28 days after the return or unsealing of the indictment. 
A defendant who does not seek discovery from the State shall so notify the criminal division manager's office and the prosecutor, and the defendant need not provide discovery to the State pursuant to sections (b)(2) or (f), except as required by Rule 3:12-1 or otherwise required by law. 
Discovery shall include exculpatory information or material. It shall also include, but is not limited to, the following relevant material: 
(A) books, tangible objects, papers or documents obtained from or belonging to the defendant, including, but not limited to, writings, drawings, graphs, charts, photographs, video and sound recordings, images, electronically stored information, and any other data or data compilations stored in any medium from which information can be obtained and translated, if necessary, into reasonably usable form; 
(B) records of statements or confessions, signed or unsigned, by the defendant or copies thereof, and a summary of any admissions or declarations against 
penal interest made by the defendant that are known to the prosecution but not recorded. The prosecutor also shall provide the defendant with transcripts of all electronically recorded statements or confessions by a date to be determined by the trial judge, except in no event later than 30 days before the trial date set at the pretrial conference. 
(C) results or reports of physical or mental examinations and of scientific tests or experiments made in connection with the matter or copies thereof, which are within the possession, custody or control of the prosecutor; 
(D) reports or records of prior convictions of the defendant; 
(E) books, papers, documents, or copies thereof, or tangible objects, buildings or places which are within the possession, custody or control of the prosecutor, including, but not limited to, writings, drawings, graphs, charts, photographs, video and sound recordings, images, electronically stored information, and any other data or data compilations stored in any medium from which information can be obtained and translated, if necessary, into reasonably usable form; 
(F) names, addresses, and birthdates of any persons whom the prosecutor knows to have relevant evidence or information including a designation by the prosecutor as to which of those persons may be called as witnesses; 
(G) record of statements, signed or unsigned, by such persons or by co-defendants which are within the possession, custody or control of the prosecutor and any relevant record of prior conviction of such persons. The prosecutor also shall provide the defendant with transcripts of all electronically recorded co-defendant and witness statements by a date to be determined by the trial judge, except in no event later than 30 days before the trial date set at the pretrial conference, but only if the prosecutor intends to call that co-defendant or witness as a witness at trial. 
(H) police reports that are within the possession, custody, or control of the prosecutor; 
(I) names and addresses of each person whom the prosecutor expects to call to trial as an expert witness, the expert's qualifications, the subject matter on which the expert is expected to testify, a copy of the report, if any, of such expert witness, or if no report is prepared, a statement of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion. If this information is not furnished 30 days in advance of trial, the expert witness may, upon application by the defendant, be barred from testifying at trial. 
(J) all records, including notes, reports and electronic recordings relating to an identification procedure, as well as identifications made or attempted to be made. 
(2) Discovery by the State. Defense counsel shall provide a copy of the discovery materials to the prosecuting attorney by a date to be determined by the trial judge, except in no event later than 14 days after the date of the arraignment. Defense 
counsel shall also provide the prosecuting attorney with a listing of the materials that have been supplied in discovery. If any discoverable materials known to defense counsel have not been supplied, defense counsel also shall provide the prosecuting attorney with a listing of the materials that are missing and explain why they have not been supplied. A defendant shall provide the State with all relevant material, including, but not limited to, the following: 
(A) results or reports of physical or mental examinations and of scientific tests or experiments made in connection with the matter or copies thereof, which are within the possession, custody or control of defense counsel; 
(B) any relevant books, papers, documents or tangible objects, buildings or places or copies thereof, which are within the possession, custody or control of defense counsel, including, but not limited to, writings, drawings, graphs, charts, photographs, video and sound recordings, images, electronically stored information, and any other data or data compilations stored in any medium from which information can be obtained and translated, if necessary, into reasonably usable form; 
(C) the names, addresses, and birthdates of those persons known to defendant who may be called as witnesses at trial and their written statements, if any, including memoranda reporting or summarizing their oral statements; 
(D) written statements, if any, including any memoranda reporting or summarizing the oral statements, made by any witnesses whom the State may call as a witness at trial. The defendant also shall provide the State with transcripts of all electronically recorded witness statements by a date to be determined by the trial judge, except in no event later than 30 days before the trial date set at the pretrial conference. 
(E) names and address of each person whom the defense expects to call to trial as an expert witness, the expert's qualifications, the subject matter on which the expert is expected to testify, and a copy of the report, if any, of such expert witness, or if no report is prepared, a statement of the facts and opinions to which the expert is expected to testify and a summary of the grounds for each opinion. If this information is not furnished 30 days in advance of trial the expert may, upon application by the prosecutor, be barred from testifying at trial. 
(3) Discovery Provided through Electronic Means. Unless otherwise ordered by the court, the parties may provide discovery pursuant to paragraphs (a) and (b) of this rule through the use of CD, DVD, e-mail, internet or other electronic means. Documents provided through electronic means shall be in PDF format. All other discovery shall be provided in an open, publicly available (non-proprietary) format that is compatible with any standard operating computer. If discovery is not provided in a PDF or open, publicly available format, the transmitting party shall include a self-extracting computer program that will enable the recipient to access and view the files that have been provided. Upon motion of the recipient, and for good cause shown, the court shall order that discovery be provided in the format in which the transmitting party originally received it. In all cases in which an Alcotest device is used, any Alcotest data shall, upon request, be 
provided for any Alcotest 7110 relevant to a particular defendant's case in a readable digital database format generally available to consumers in the open market. In all cases in which discovery is provided through electronic means, the transmitting party shall also include a list of the materials that were provided and, in the case of multiple disks, the specific disk on which they can be located. 
(c) Motions for Discovery. No motion for discovery shall be filed unless the moving party certifies that the prosecutor and defense counsel have satisfied the discovery meet and confer requirements of R. 3:9-1(c). 
(d) Documents Not Subject to Discovery. This rule does not require discovery of a party's work product consisting of internal reports, memoranda or documents made by that party or the party's attorney or agents, in connection with the investigation, prosecution or defense of the matter nor does it require discovery by the State of records or statements, signed or unsigned, of defendant made to defendant's attorney or agents. 
(e) Protective Orders. 
(1) Grounds. Upon motion and for good cause shown the court may at any time order that the discovery sought pursuant to this rule be denied, restricted, or deferred or make such other order as is appropriate. In determining the motion, the court may consider the following: protection of witnesses and others from physical harm, threats of harm, bribes, economic reprisals and other intimidation; maintenance of such secrecy regarding informants as is required for effective investigation of criminal activity; confidential information recognized by law, including protection of confidential relationships and privileges; or any other relevant considerations. 
(2) Procedure. The court may permit the showing of good cause to be made, in whole or in part, in the form of a written statement to be inspected by the court alone, and if the court thereafter enters a protective order, the entire text of the statement shall be sealed and preserved in the records of the court, to be made available only to the appellate court in the event of an appeal. 
(f) Continuing Duty to Disclose; Failure to Comply. There shall be a continuing duty to provide discovery pursuant to this rule. If at any time during the course of the proceedings it is brought to the attention of the court that a party has failed to comply with this rule or with an order issued pursuant to this rule, it may order such party to permit the discovery of materials not previously disclosed, grant a continuance or delay during trial, or prohibit the party from introducing in evidence the material not disclosed, or it may enter such other order as it deems appropriate. 

Note: Source-R.R. 3:5-11(a)(b)(c)(d)(e)(f)(g)(h). Paragraphs (b)(c)(f) and (h) deleted; paragraph (a) amended and paragraphs (d)(e)(g) and (i) amended and redesignated June 29, 1973 to be effective September 10, 1973. Paragraph (b) amended July 17, 1975 to be effective September 8, 1975; paragraph (a) amended July 15, 1982 to be effective September 13, 1982; paragraphs (a) and (b) amended July 22, 1983 to be effective September 12, 1983; new paragraphs (a) and (b) added, former paragraphs (a), (b), (c), (d) and(f) amended and redesignated paragraphs (c), (d), (e), (f) and (g) respectively and former paragraph (e) deleted July 13, 1994 to be effective January 1, 1995; Rule redesignation of July 13, 1994 

Saturday, November 11, 2017

ERASE CRIMINAL ARRESTS AND CONVICTIONS NJ

ERASE/ EXPUNGEMENT OF ARRESTS AND CONVICTIONS TO AVOID EMBARRASSMENT AND DISCLOSURE                                                                 

  by KENNETH A. VERCAMMEN, ESQ.
          If someone has been arrested or even had a private criminal complaint signed against them in the Municipal Court, they have a criminal record, even if the charges were dismissed.         This is an excellent law to help non-violent offenders. Don’t be denied a job, credit or barred from coaching based on an old criminal charge.
         Under NJSA 2C:52-1 et seq. past criminal arrests and convictions can be expunged/ erased under certain instances. We always recommend individuals hire an attorney to obtain an expungement. The process for all expungements are held in the Superior Court. It takes a minimum of three months for the court to grant the expungement.  The requirements are very formal. There can be a waiting period between 6 months up to 10 years after the criminal cases is finished. More info at http://www.njlaws.com/expungement.html
         1. Obtain a certified disposition from the Court
         If the case was heard in Municipal Court, we recommend you obtain a "certified disposition" of the court's decision, from the Court itself. This is expedite the process. In Superior Court, obtain Order of Dismissal or Order of Conviction. Court costs and Legal fees for expungement range from $1,500-  $2,500.
         Thousands of citizens over the past 30 years have been arrested for criminal, disorderly, and municipal ordinance offenses.  The courts and police must keep a record of all arrests and convictions, even if 30 years old.  Judgements of Conviction are public records. These "secrets of the past" could be open to anyone including credit agencies.  Under one proposal, for a $15.00 fee, someone could ask the state police for a person's criminal record, even arrests with not guilty findings.  Allowing access to a person's old criminal conviction or arrest record could open the door for discrimination or job loss against someone who now is a productive, respected, and law abiding citizen. Many employers often do a criminal background check on new and promoted employees.
       Fortunately, if you are a law abiding citizen, you can now have old arrests or most convictions erased from public records and police folders. Under NJSA 2C:52-1 et seq. past criminal arrests and convictions can be expunged/ erased under certain instances. 
       2. Waiting periods
         If you were convicted or pleaded guilty to a disorderly person offense (misdemeanor type) more than 5 years ago, and have not been convicted of anything since, you can have your attorney petition to the Superior Court for an Expungement (Erase and removal) of your criminal record.  The waiting period starts from the full payment of fines, completion of probation or other requirements, whichever finishes latest.
         If you plead guilty to a town ordinance (ex. - Seaside Heights Drinking in Public) you can petition for an Expungement after waiting two years.  A Juvenile delinquent/guilty finding for a minor can also be expunged/erased under similar circumstances.  In addition, minor drug arrests which resulted in first offender conditional discharge can be erased after 6 months has passed since termination of probation or conclusion of court proceedings.
     Most importantly, arrests on frivolous complaints which did not result in a conviction or if charges were dismissed, can be expunged, without waiting.
         The waiting period on an indictable charge [guilty plea in Superior Court] is 10 years. [There is a new hardship provision to apply for expungement 5 years after probation is up. Speak with an experienced attorney]
The Chart below is helpful:
            Expungement eligibility NJ

Type of Offense
Eligibility
Waiting Period
Indictable Offenses
2C:52-1
1 conviction, plus up to 2 Disorderly Persons convictions
10/ years from date supervision completed [or 5 year eagle scout rule]

Disorderly Persons Offenses (includes Petty DO Offenses)
2C:52-3

Up to 2 offenses, provided no other criminal convictions
5 years from court date & fines paid [or 3 year eagle scout rule]

Municipal Ordinance Violations
2c:52-4
ex: Seaside Park fighting etc
No limit, provided no criminal record and no more than 2 Disorderly Persons convictions


2 years from court date & fines paid
Juvenile Delinquency Offenses
2C:52-4.1

All records, except those that are of the 17 ineligible offenses committed by an adult
5 years from date supervision completed
Young Drug Offender Records
2C:52-5

No limit if for possession or use of CDS
1 year from date supervision completed
Arrests - No Conviction, charge dismissed 2C:52-6

No Limit
No waiting period


For PTI, Conditional Discharge or Conditional Dismissal - 6 months from completion of program 2C:52-6 (c)

More info at    http://criminal-law.freeadvice.com
And
http://www.njlaws.com/expungement.html
         3. Common criminal offenses to get expunged
         The following criminal offenses are some of the typical
offenses individuals can petition for expungement:
      
         Alcohol Underage                            2C:33-15
         Arson                                             2C:17-1
         Assault                                           2C:12-1
         Bad Check                                       2C:21-5
         Burglary                                         2C:18-2
         Conspiracy                                      2C:5-2
         Criminal Mischief                             2C:17-3
         Criminal Trespass                           2C:18-3
         Disorderly Conduct                          2C:33-2
         Drug  Paraphernalia                         2C:36-1
         False / Fraud Instrument                2C:21-3
         Harassment                                    2C:33-4
         Hindering Apprehension                   2C:29-3
         Lewdness / Criminal Contact           2C:14-4
         Obstructing Admin. of Law              2C:29-1
         Possession Drugs                            2C:35-10
         Prohibited Weapons                         2C:39-3
         Prostitution                                    2C:34-1
         Receiving Stolen Property               2C:20-7
         Resisting Arrest                             2C:29-2
         Shoplifting                                      2C:20-11
         Stalking                                          2C:12-10
         Terroristic Threats                         2C:12-3
         Theft by Deception                         2C:20-4
         Theft of Services                           2C:20-8
         Theft Unlawful Taking                     2C:20-3
         Wandering                                       2C:33-2.1
         Weapon Unlawful Purpose                2C:39-4
        

4. Convictions which never can be expunged:
-Most possession with intent to distribute drugs
-DWI and all other traffic offenses
-Family Court restraining orders

1  Criminal Homicide (Except Death by Auto);
2  Kidnapping;
3  Luring or Enticing;
4  Aggravated Sexual Assault;
5  Aggravated Criminal Sexual Contact;
6  Criminal Sexual Contact (if victim is a minor);
7  Criminal Restraint;
8  Robbery ;
9  Endangering the Welfare of a Child (if based on sexual contact);
10          Perjury;
11          False Swearing or perjury;
12          Human Trafficking;
13          Causing or Permitting a Child to Engage in a Prohibited Sexual Act;
14          Selling or Manufacturing Child Pornography;
15          Knowingly Promoting the Prostitution of the Actor's Child;
16          Terrorism; and
17          Producing or Possessing Chemical Weapons, Biological Agents or Nuclear or Radiological Devices.

      See "2C:52-2"c.In the case of conviction for the sale or distribution of a controlled dangerous substance or possession thereof with intent to sell, expungement shall be denied except where the crimes involve:

(1)Marijuana, where the total quantity sold, distributed or possessed with intent to sell was 25 grams or less;

(2)Hashish, where the total quantity sold, distributed or possessed with intent to sell was five grams or less; or

*   (3)Any controlled dangerous substance provided that the conviction is of the third or fourth degree, where the court finds that expungement is consistent with the public interest, giving due consideration to the nature of the offense and the petitioner's character and conduct since conviction.     
*     
*      5. WHAT NEEDS TO BE DONE FOR THE EXPUNGEMENT PETITION
           You should contact an attorney experienced with handling expungements.  The Expungement Petition is filed in the county where the offense took place, not where the defendant lives. The petition is filed not in the Municipal Court but in the Superior Court. Once filed, the Superior Court will set a hearing within 35-60 days. Your attorney will prepare an Expungement Petition which under state law must contain substantial background information, including:
         a.  Date of Birth and Social Security #
         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

         In addition, the Expungement Petition must have an affidavit that states that there are no charges pending and that the petitioner never previously received a prior expungement.
          As required under the statute, the attorney for the applicant must serve a copy of the Petition Order for hearing and supporting documents on the following people:  1.)  Superintendent of State Police  2.)  Attorney General  3.)  County Prosecutor of the county where the court is located  4.)  The Chief of Police where the event took place  5.)  The chief law enforcement officer of any other law enforcement agency which participated in the arrest  6.)  The warden of any institution where the petitioner was confined  7.) the Municipal Court if the disposition was made by a municipal court, 8 County Sheriff
     If you satisfy all other statutory requirements and there is no objection by the entities notified, the court will usually grant an order directing the Clerk of the Court and all relevant criminal justice and law enforcement agencies to expunge (remove) records of said disposition including evidence of arrest, detention, conviction, and proceedings.
     There are additional pleadings which the applicant's attorney must prepare and file.  If you have an old offense, it is important that you have the arrest expunged to keep your name and record clean. All criminal charges, even if dismissed, stay on your record forever, unless the expungement order is granted by a Superior Court Judge. If you do not list every charge against you since you were 16, the court or prosecutor will move to dismiss your petition. It will cost you additional costs and fees if you do not list every offense since you were 16. This even includes municipal ordinance tickets for drinking in public, etc


6. Expungement Services to Apply to Remove/Erase Criminal Arrests and Convictions/ Retainer for Legal Services

 Fee $1,900 if traditional expungement
If Eagle Scout expungement where time period shorter, fees additional
    
Credit card or Check payable to Vercammen PC.
[Fee is less if we handled case previously]

Also you need to provide a separate check or money order for court fees:
 -Check for $75.00 payable, Treasurer, State of NJ
-Check payable  Postmaster Edison $70.00 for certified mail
These fees cannot be paid by credit card.

7. What the Attorney will do:
-Telephone consultation with client;
-Office consultation with client if requested;
-Opening of file and client may have free client case folder, Municipal Court brochure, MVC Points brochure, and Website brochure;
-Review documents supplied by client and court;
-Review of necessary statutes and case law;
-Preparation of VERIFIED PETITION FOR EXPUNGEMENT OF RECORD  PURSUANT TO N.J.S.A. 2C:52-6(a)
-Preparation of CERTIFICATION  STATEMENT TO ACCOMPANY PETITION
         - Preparation of ORDER FOR HEARING FOR EXPUNGEMENT PURSUANT to N.J.S.A. 2C:52-6(a)
         - Preparation of proposed ORDER FOR EXPUNGEMENT

Prepare letter to Client with Petition, Statement to Accompany Petition of no pending charges, Order for Hearing, Proposed Order for Expungement

Client signs Petition Statement to Accompany Petition of no pending charges

Attorney calls Superior Court and confirm address for Expungement Unit.

We Mail to Superior Court Expungement Unit-
                           Orig. and one Petition
                           Statement to Accompany Petition
                           Order for Hearing
                           Proposed Order for Expungement
                           2 self-addressed stamped envelopes
Follow up Court Order for hearing (takes approx 30 days)

         Upon receipt of signed Order for hearing, Prepare Certified Mail Green cards for documents to be served on law  enforcement and court. -
-Preparation of letter with Order for hearing and proposed Order for Expungement to NJ Attorney General
                       Department of Law & Public Safety
                       Expungement Section- PO Box 080
                       Trenton, NJ 08625  
        
         - Preparation of letter with Order for hearing and proposed Order for Expungement to NJ Superintendent of State Police
                  Expungement Unit
                  River Road, PO Box 7068
                  West Trenton, NJ 08628
         - Preparation of letter with Order for hearing and proposed Order for Expungement to County Prosecutor;
         - Preparation of letter with Order for hearing and proposed Order for Expungement to Chief of Police;
         - Preparation of letter to client with Order for hearing and proposed     Order for Expungement to Municipal Court Administrator;
                 
         When all the green cert. mail cards come in we put date mailed to Law Enforcement. on form 6 (Cert.) and mail to Court . After receipt of all certified mail Green cards, Preparation of CERTIFICATION OF SERVICE OF ORDER FOR HEARING
         We make copies of cert. mail green cards and letter before mailing out original green cards to court.
        
Misc phone calls to and from client
-Call Superior Court Expungement Unit to confirm they received green cards and no need to appear on hearing date if no objection.

If Expungement granted and receipt of signed Order for Expungement,
         Preparation of letter with signed Order for Expungement to:
         -NJ Attorney General by regular mail
                          Department of Law & Public Safety
         - Preparation of letter with signed Order for Expungement to
         NJ Superintendent of State Police
         - Preparation of letter with signed Order for Expungement to County    Prosecutor;
         - Preparation of letter with signed Order for Expungement to Chief of Police;
         - Preparation of letter with signed Order for Expungement to Municipal Court Administrator; and any other public entity requested by the court. Please note a Judicial Expungement granted by the Superior Court Judge does not change databases set up by private entities or credit agencies.
Preparation of End of Case Letter to client with original signed Order for Expungement and client questionnaire.

         Please note we do not open a file and do not handle the case until all fees are paid in full up front.
Any other work not listed above will require additional fees or costs.
 The client must provide disposition or copies of complaint for all prior Municipal court criminal charges, even criminal charges you were not arrested or fingerprinted. This is required by the Superior Court. All charges since you were 18 years old must be listed.
8. Obtaining a criminal History
You may want to order a criminal history CCH on yourself when the expungement is started if you are not 100% sure of your prior charges in NJ and the USA. The fee to obtain your criminal history is less than $75. For a Criminal History Contact www.bioapplicant.com/nj or call Morpho Trak at 1-877-503-5981. The law office cannot obtain a criminal history. Our Private investigator can do obtain a criminal history for you for an extra $900.
If the expungement is granted we recommend to all clients to send a follow up letter and copy of Order for Expungement by Certified Mail to all above Courts and Law Enforcement so they have a copy for their records. The Law Office can handle this for additional fee of $250. You should also serve a copy on the credit reporting agencies.
If the Court grants the expungement petition, the NJ police departments and NJ courts will be required to remove information from their records. The Court order does not pertain to online private companies or websites, which may contain old information. The Federal Government and immigration still has access to expunged /erased records.
If there are objections to the Expungement Petition by the Prosecutor or other entities and a hearing is required, additional fees will apply. They fee you paid does not include appeals if the court denies your petition.


 9 To Start the process- Interview Form
Please fill out blank lines on your computer or by hand and email or return to office to start Expungement, and provide check or credit card info. You need to provide us with the Certified disposition if your prior offense was in Municipal Court. The Certified disposition should be provided to the Superior Court. To obtain the certified disposition, simply contact the Municipal Court. They will charge a fee of approx $10.00.
  If you are unable or unwilling to do this, our fee to drive to the court to obtain the Certified disposition is an additional $300.
If your prior charge was in Superior Court, provide the Order of Dismissal if dismissed, or Judgment of Conviction JOC if a guilty plea.
If PTI Pre-trial intervention, provide copy of Order of Dismissal.

The court-filing fee is requires a separate check. $75.00 payable, Treasurer, State of NJ
Check payable  Postmaster Edison $70.00 for certified mail

1.    Petitioner's name is _____________. 
any other name used___________________.
Current address ___________________________________
CITY _____________________________ STATE _______ ZIP __________

CELL-PHONE ___________________________________ (Area Code Needed)
        
OTHER PHONE-DAY __________________________ 

E-MAIL ADDRESS ______________________________________________

REFERRED BY: _______________________________________________

2.  Petitioner's date of birth is _______, Social Security Number is ________

3.  Petitioner was charged  on   ________________ for violation of the following: 
N.J.S.A. 2C:  ______________

type of offense   _________________

Town ___________________

Summons/ Warrant/ Complaint #  ____________________
[Leave out traffic tickets ex 39:4-49.1.   Traffic tickets cannot be expunged]
The original complaint number was ___________

4.  This matter was in ___________   County  . 

5. This matter was heard in the   ______________ Municipal Court on __________

6. On ______, I plead guilty of the following offense: ________________________.
I was fined _____, costs of ______ and ______.

 Or

on ________________, charges were dismissed

7. The following are all other charges against me since I was 18 year old, even if the charge was dismissed:  [IF NONE, WRITE NONE]
Petitioner was charged  on   ________________ for violation of the following: 
N.J.S.A. 2C:  ______________

type of offense   _________________
Summons/ Warrant/ Complaint #  ____________________

Other prior offenses:
This matter was in ___________  County , town ______________

Disposition/ result ___________________________________
[If none, write none]

The client must provide a written disposition to the court for all prior criminal charges, even criminal charges you were not arrested or fingerprinted. This is required by the Superior Court. All charges since you were 18 years old. The Law Office can obtain the a Certified Disposition for Municipal Court cases, or a Judgment of Conviction for Superior Court charges at a fee of $400 per court. It is usually more cost effective for the client to obtain the court records themselves.
Email interview form back to Vercammenlaw@njlaws.com

Details on expungement at http://www.njlaws.com/expungement.html