New Jersey Attorney Help: Are You Eligible for a Fresh Start?

January 8th, 2021

Thanks to recent statute changes, New Jersey attorney help has an even greater chance of helping you escape charges. To be more specific, the State has enacted the “Fresh Start Act of 2019.” For certain felony cases, there’s a chance of expunging the charges, which keeps future employees or law enforcement from seeing the details of your past legal problems.

As defined by the Senate and House of Representatives, Fresh Start allows for the expungement of records involving non-violent criminal offenses. With this amendment to previous statutes, this Act applies to anyone convicted of an offense prior to, during, or after its enactment date.

So what does this mean for you? Simply put, if you’re in the middle of a legal battle with the stakes involving a felony, then you have a greater chance of keeping a clear record. Your chances are even better with the added protection of New Jersey attorney help. As with most legal battles, there are several things you might not know about Fresh Start.

New Jersey Attorney Help: Requirements for Fresh Start

To start with, a defendant must fulfill certain requirements. Once the Court is satisfied—and not before—then the records of the alleged crimes are expunged.

An individual is eligible for expungement if, at the time of filing, they haven’t been convicted of anything except non-violent offenses. In this scenario, violence is basically a deal-breaker for many juries. For this reason alone, you should seek out New Jersey attorney help.

Leon Matchin will ensure that your past is reviewed before things proceed. This way, on your day in court, there won’t be any unwanted surprises to derail your case. Believe it or not, this happens because people get busy or just forget. You need to know if you’re not eligible, because then Matchin can work on another strategy. Even if you don’t qualify for Fresh Start, New Jersey attorney help could lead to a lighter sentence.

More Eligibility Requirements

Another requirement for expungement is fulfillment of any past mandates. These are in relation to prior non-violent offenses. These mandates include any fines, assessments, and restitution. Essentially, outstanding payments are due before anything new happens.

This also applies to imprisonment terms and probation—you’ll need to be accountable for these mandates. You can understand that, with so many particulars, New Jersey attorney help isn’t just for convenience. The terms of an old sentence might require a period of no dependency. In effect, this could mean no alcohol or substance abuse, with the stay period being 1 year or more.

When you’re dealing with felony charges, a so-called fresh start might seem out of reach. Ultimately, record expungement, if your case is eligible, is a priority to attorney Leon Matchin. No matter what your situation is, you have the opportunity to hire a Supreme Court-certified Municipal Court trial expert.

Attorney Matchin knows every New Jersey statute inside and out, no matter how new they may be. Allow yourself a shot at Fresh Start. As a defendant in a felony case, you have the right to hire the best. For more on this statute and attorney help, go here for insightful vlogs and testimonials.

New Jersey Attorney Help: About Non-Violent Offenses

The Fresh Start Act states that any eligible individual convicted of a non-violent offense may petition for expungement. For definition’s sake, a non-violent offense means any offense that avoids violence or substantial risk. Basically, you will not be eligible if you have a physical force against a person or property on your record.

You’ll want to address this quickly, especially if you’re unsure whether a past conviction will count against you. The sooner you petition for expungement, the better off you’ll be. This is the kind of thing that New Jersey attorney help excels at. You want to be 100% sure before you apply for Fresh Start, because otherwise it’s a waste of time. In addition, sloppy preparation won’t help your outcome in a court of law.

New Jersey Attorney Help: Procedures

The procedure for expungement involves a petition. Like the other elements of this process, there are dos and don’ts. For example, a petition for expungement may be filed only in the court where the petitioner was convicted of the non-violent offense in the first place.

Next, the Court Clerk must serve that petition no later than 60 days after it’s served. This means that the procedure is time-sensitive. As a result, if completed in time, recommendations can be made to the court. You’ll want New Jersey attorney help for this process, or you might be overwhelmed. This can be a lot to handle when your freedom is at stake.

The Court will work with a submission of evidence that relates to the petition. This evidence will be considered, but if the petition is denied, then there’s a two-year wait for a subsequent petition. From here, the procedures become even more complicated. There are exceptions to when petitions can be submitted, and certain offenses can change the proceedings (if the defendant has to register as a sex offender, or if the victims suffered a loss higher than $25k).

Gains Instead of Losses

All of this might seem like an unwarranted hassle. Thankfully, there’s a lot of gains to be had alongside expungement, should it be granted to you. For example, if you’re rewarded a fresh start, you won’t be required to divulge information about the non-violent offense you were involved with. In some ways, you’ll be protected against perjury and false answering if the old charge is related to a future line of questioning.