Legal Question in Criminal Law in New Jersey

Is it legal for sites to post a criminal conviction that a person had? I see my name and information on a conviction I had 7 years ago. I took a plea because I didnt have the money to pay a lawer or I would have plead not guilty, because I was not guilty. I was never fingerprinted or for that fact arrested by anyone, I just received a notice of indictment in the mail. I took a plea for 5 years probation. I had to go one time a month just to pay restitution. After my 5 years was up they discovered I had never been arrested, fingerprinted,and no bail was ever set. The judge then sent me over on my own to get printed for the offence, Now the dam thing is all over the computer "Theft by Deception" It took over 2 years to even bring it to a plea, because the prosecutor didn't know what to do with it because it should have been a civil matter. Their was no criminal intent at all involved. This information that anyone can get is screwing up my job. How do I get it removed?


Asked on 12/31/10, 12:32 am

1 Answer from Attorneys
Jonathan Mincis Jonathan J. Mincis, Esq. Law Offices

you will need to get the offense expunged, but if it was an indictable offense and you only finished probation two years ago, it sounds like you will need to wait another three years if it was a third of fourth degree offense, it would be longer if it was a higher grade indictable offense. You could try reopening the matter, but it would be very difficult to do that given that the case is seven years old. It would also need to be shown that the Court did not properly advise you of your right to an attorney and/or other constitutional rights and that you failed to make a full waiver of your right to counsel and/or right to a trial. It sounds like an expungement would be your best option, but make sure you have all your information. speaking to an attorney wouldn't hurt, but again it seems from what you are saying that it is too soon to file for an expungement, good luck (201)-894-9498

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Answered on 1/05/11, 7:33 am


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