Expunge Order of Protection NJ
In New Jersey, a final restraining order will not expire and remains visible in background checks indefinitely. Additionally, restraining orders are not criminal. Therefore, a New Jersey restraining order cannot typically be expunged because expungement only applies to criminal records. However, you might still be able to get relief similar to expungement. Additionally, if you were arrested and found guilty of breaking a restraining order, you may be eligible for future expungement of your criminal record. To know more about the New Jersey Expunge Order of Protection, you will need the guidance of an experienced attorney. Our legal counsel at the Law Offices of SRIS, P.C., can help you with the New Jersey Expunge Order of Protection.
The case will have been dismissed if you successfully challenge the plaintiff’s request for a final restraining order, and the order you face is limited to a temporary restraining order. You can take steps to have any records about the temporary restraining order removed from court and law enforcement records upon dismissal in the form of a New Jersey Expunge Order of Protection. This will prevent, for instance, the records about the temporary order from appearing in a background check. Our attorney will be able to throw more light on the New Jersey Expunge Order of Protection.
However, if a final restraining order was issued against you, you can immediately file an appeal to have the order overturned, and the case dismissed. A defendant will also be eligible for a New Jersey Expunge Order of Protection if the final restraining order is overturned on appeal. However, if your attorney can demonstrate to the court that your circumstances have changed, you may still be eligible to have the final order vacated, even if it has been in place for years.
For a better understanding, a defendant may obtain a New Jersey Expunge Order of Protection if certain conditions are met. You can ascertain more about your eligibility and be guided by an experienced attorney. So don’t give up fighting an unfair restraining order affecting your life and reputation. Talk to our attorney right now!
New Jersey Expunge Order of Protection – Explained
An order known as the New Jersey Expunge Order of Protection enables a person with a criminal record to remove that record from the public eye. You can only get a New Jersey Expunge Order of Protection for certain crimes. You will probably have to wait a certain period to get a New Jersey Expunge Order of Protection for a criminal record or offense, usually five years. Expungements can’t be used for anything else, like removing an active restraining order, because they only erase a portion of a criminal record. Refrain from determining whether you are eligible for the New Jersey Expunge Order of Protection. Instead, get assistance from an experienced attorney who will guide you through.
Can Restraining Orders be Expunged?
Due to their non-criminal nature, final restraining orders cannot be expunged. An expungement will not assist you because a restraining order is not a crime. The final restraining order will remain in court records and the police database. You have other legal options to contest and overturn a final restraining order, but you only have a limited time to use them.
You can appeal the court’s decision to issue a final restraining order. If appeals are not filed within 45 days, the restraining order will remain in force until new information is discovered that could allow it to be lifted. Suppose you are outside the window for an appeal. In that case, the petitioner’s voluntary dismissal or a motion to vacate the restraining order for changed circumstances that the judge can consider are your main options for getting rid of it.
You can seek a New Jersey Expunge Order of Protection to have any records regarding the temporary restraining order removed from court and law enforcement records upon dismissal. A benefit for a defendant is that a background check will not reveal the records associated with the temporary order.
If the court has already issued a final restraining order and you want to get rid of it, you can either appeal or move to vacate the order. Again, it is essential to consult an experienced attorney if you have questions regarding restraining orders or expungements. To know more about the New Jersey Expunge Order of Protection, call our attorney at the Law Offices of SRIS, P.C. With our assistance; you can get the respite you deserve!