Kenneth Vercammen is author of the ABA "Criminal Law Forms" book.
More info at www.njlaws.com
Kenneth Vercammen & Associates, P.C.
2053 Woodbridge Avenue - Edison, NJ 08817

Saturday, January 25, 2014

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

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

$1,900 if paid within 7 days  
Credit card or Check payable to Vercammen PC.

Also you need to provide a check or money order for court fees:
 Check for $52.50 payable, Treasurer, State of NJ
Check payable  Postmaster Edison $43.00 for certified mail

What we will do:
-Telephone consultation with client;
-Office consultation with client;
-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 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
                           Check for $52.50 payable, Treasurer, State of NJ
                           2 self-addressed stamped envelopes
Follow up Court Order for hearing (takes approx 30 days)

Expungement Services to Remove Bill  rev 3/14/13


         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.

After 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 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. You may want to order a criminal history CCH on yourself when the expungement is started. 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 this 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.



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 Municipal Court to provide to the Superior Court. If Superior Court, provide the Order of Dismissal if dismissed, or Judgment of Conviction if a guilty plea. The court-filing fee is typically a separate check.

1.  Petitioner's name is _____________.  Petitioner has never used any other name.      Current address ___________________________________

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

3.  Petitioner was charged/ arrested 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.

Juvenile adjudication does not bar adult expungement.

Juvenile adjudication does not bar adult expungement. In the Matter of the Expungement Application of D.J.B. __ NJ __ (2014)
         Based on its language and legislative history, N.J.S.A. 2C: 52-4.1(a) applies only to the expungement of juvenile adjudications and does not transform a juvenile adjudication into a "crime" that would bar a later attempt to expunge an adult conviction under N.J.S.A. 2C:52-2.