Along with handling DWI’s and DUI type matters, Brian has also successfully represented people who have been charged with criminal offenses. Whether it is a criminal charge in the Superior Court or Municipal Court, Brian has vast experience in handling these type criminal cases. Before you go to Court, it is important that you not only know your legal rights, but also what defenses you may have available to you. Having an experienced, knowledgeable, aggressive attorney on YOUR side is only to your advantage. Allow my years of experience and dedication to my clients to work for you. While the police have the prosecutor on their side, you deserve to have someone fighting for YOU.

I have successfully handled various criminal matters, including:

• Drug Charges

• Disorderly Person's Offenses
• Theft
• Bad Checks
• Resisting Arrest
• Hindering Apprehension
• Simple and Aggravated Assault
• Various other Indictable Offenses

You need to have an aggressive attorney on your side “fighting” for your rights.





ARE YOU ELIGIBLE TO CLEAR YOUR CRIMINAL RECORD IN NEW JERSEY?
CAN AN ARREST AND/OR CRIMINAL CONVICTION BE ERASED OR EXPUNGED?

Face it, these days, everyone is conducting background checks, and that “dumb” move that you did a while ago, simply won’t go away. Does that arrest and/or criminal conviction keep rearing its ugly head? If so, there may be something that you can do about. You may be eligible for an “expungement” to clear your criminal record in New Jersey.

First, what is an expungement? An expungement is the legal process of “cleaning” your criminal records. The purpose of an expungement is to “erase” the negative things that happen in your past since a criminal record can often hinder your future and your ability to secure a job. Many of the more common criminal offense can be expunged such as, petty theft, shoplifting, possession of marijuana, disorderly persons offenses, petty disorderly persons offenses, township ordinance and even arrests. In fact, even some indictable offenses that are felonies can be expunged. Understandably, not all felony and misdemeanor charges can be cleared from your New Jersey criminal record. Arrests and/or criminal convictions must meet certain guidelines in order for it to be expunged from your record. In every case, an individual seeking expungement in New Jersey must not be on probation, serving a sentence for any offense, nor have any new criminal charges pending.

The main reason why people want to clear their criminal record is so that they can secure employment. This is because most employers are now conducting background checks before hiring a job applicant. Most employers consider the applicant's criminal record in deciding whether to extend a job offer. A person whose conviction is expunged can lawfully answer "no" if asked whether he has been arrested and/or convicted of a crime.

Does the criminal record just magically “disappear?” No, however, the expunged records are sent to a special facility for expunged records. The records cannot be accessed for general law enforcement or civil use. There are however certain exceptional situations under which the expunged records can be searched, retrieved, and used, but this is rare and normally requires a court order or statutory authorization. One way to look at this is that expunged records do not "disappear," rather they “go away” and in the vast majority of cases, are never heard from again.

Below is a useful chart to help determine when a person is legally eligible to have apply to have a matter expunged:

Nature of Conviction	Waiting Time
Crime (Felony)	Ordinarily, ten years. The court will consider an application to expunge a felony conviction after five years. In such cases, however, the court will require you to show that granting the expungement is in the public interest.
Disorderly Persons Offense (Misdemeanor)	Five years
Petty Disorderly Persons Offense (Misdemeanor)	Five years
Juvenile Adjudication	Five years, or period for equivalent offense if committed by an adult, whichever is less
Municipal Ordinance	Two years
Young Drug Offender (21 years of age or younger when offense was committed)	One year
Dismissal following successful completion of diversion (PTI or Conditional Discharge)	Six months
Not guilty by reason of insanity, or not guilty for lack of mental capacity	These dispositions cannot be expunged
Dismissal, Other	No waiting time at all

Since the expungement process may take several months, you do not need to wait until the required time period for an expungement has lapsed. Rather, the sooner you get started, the better. The expungement process can be quite technical. In most cases, it is best accomplished through contacting an attorney who handles these type matters. Although some attorneys may charge for an evaluation of your case, the Law Office of Brian Goldenfarb has agreed to provide a FREE consultation to help determine if you or someone you know is eligible for an expungement. Brian Goldenfarb can be reached at (732) 514-6655 or at (877) 8-CAR-LAW.