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xavierjd, Lawyer
Category: Criminal Law
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Experience:  Over 20 yrs experience in prosecution and defense work
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Can a 2C:12-1a(1) (misdemeanor) simple assult with a guilty

Customer Question

Can a 2C:12-1a(1) (misdemeanor) simple assult with a guilty plea be expunged from my record.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  xavierjd replied 1 year ago.
Thanks for using JustAnswer.com. It will be my pleasure to assist you today.

How long has it been since you were convicted of the simple assault?

Thanks
Customer: replied 1 year ago.


6.5 years. Happened July of 2006. I plead guilty to the charges

Expert:  xavierjd replied 1 year ago.
Hi Brian,

I want to look up a couple of things. I will be back asap with an answer for you.

Thanks for your patience.
Customer: replied 1 year ago.

 


ok, thank you

Expert:  xavierjd replied 1 year ago.
Hi Brian,

Simple assault is a disorderly persons offense unless committed in a fight or scuffle entered into by mutual consent, in which case it is a petty disorderly persons offense.

New Jersey has disorderly and petty disorderly persons offenses (what other states would call "misdemeanors") that can be expunged under certain circumstances. This is done through a "petition for expungement" if you meet the following requirements:

  • It has been at least five years from the date of your conviction, or the date on which the sentence was completed, whichever is later;
  • You have not been convicted of any prior or subsequent crime in any state; and
  • You have not had more than three disorderly or petty disorderly persons offenses.

So, if you meet the above requirements, the answer to your question is "yes."

 

I hope you find this information useful.

 

 

 

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. If you are satisfied with my answer, please rate it as "excellent" or in another positive manner. That is the only way that I can get credit for answering the question.

Thank you for your business!

XavierJD

 

xavierjd, Lawyer
Category: Criminal Law
Satisfied Customers: 3400
Experience: Over 20 yrs experience in prosecution and defense work
xavierjd and 6 other Criminal Law Specialists are ready to help you
Expert:  xavierjd replied 1 year ago.
Hi Brian,

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. If you are satisfied with my answer, please rate it as "excellent" or in another positive manner. That is the only way that I can get credit for answering the question.

Thank you for your business!

XavierJD
Customer: replied 1 year ago.
thank you
Expert:  xavierjd replied 1 year ago.
Hi Brian,

You are very welcome!

If you have any other questions, please specifically request me to be your expert!

Best of luck to you.

xavierjd

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