Attorney Eric Morrell: A Fighter Not A Handshaker, argues to obtain the best results for his clients. In some Courts our law office is able to obtain a dismissal of all charges. As a result, the charges against a client are dropped. Despite the charges being dropped, the original arrest still appears on a client’s record. Our law offices are equipped with the tools and knowledge to file an expedited In-Court expungement, in which the client’s arrest can be expunged in Municipal or Superior Court. The process is much shorter and cost effective, than filing a formal three-step expungement. A County expungement typically takes three (3) to five (5) months to be completed. An expedited expungement is filed during the Court appearance, and the waiting period is significantly reduced.
Effective in 2016, N.J.S.A 2C:52-6 allows clients the opportunity to obtain an expedited expungement of their arrest, following the dismissal of their disorderly persons offense, petty disorderly persons offense, or ordinance violation. Under the statute, an arrest may only be expunged if the charge has been disposed by way of dismissal, acquittal or discharge without a conviction or finding of guilt. These outcomes may not be a result of a plea bargaining agreement. The statute does not extend to matters resolved through conditional discharge, pursuant to N.J.S.A. 2C:36A-1, or conditional dismissal, pursuant to N.J.S.A. 2C:43-12.1.
Expedited, In-Court expungements have been expanded to encompass Superior Court matters, in which the individual’s charges have been dismissed. All records relating to the arrest or charge at the time of the dismissal, acquittal, or discharge in Superior Court may be expunged. Our law offices recently represented a client who had a matter in Superior Court, which was handled by the Mental Health Unit. This statute allowed our offices to expunge our client’s dismissal in Court.
Through our many years of practicing Criminal Law, we go above and beyond for our clients. Not only does Eric Morrell use all the arrows in his quiver to get the best result for his clients, he files paperwork in order to expunge the arrest, should a client’s charges be dismissed. Many law offices are not aware of this procedure, nor do they take the time to fill out the application for their clients. In cases where a dismissal is feasible, our law office arrives in Court with a completed application, in order to file the paperwork immediately after a dismissal is granted. We always speak to the Court Administrator to alert them that we have the expedited expungement paperwork prepared and that our office is requesting that the Judge sign the order. This alleviates our clients’ stress and ensures that the expungement application will be taken care of that day. After Court, our offices follow up with the Municipal Court to ensure that the application has been filed with the Superior Court.
If eligible, all of our clients get the benefit of an In-Court expungement. Our law office has been successful in achieving this result for many of our clients throughout New Jersey.