Expungement

Expungement

A record of an arrest or conviction can follow a person for years. Applications for college and other schools, jobs, professional licenses and military service often ask about criminal records. Many people can solve this problem because they are eligible to have their New Jersey criminal records expunged.

A fresh start under New Jersey law

New Jersey law provides a limited right to expungement. The purpose of the expungement law is to give a person with one or very few convictions a “fresh start.” The law also provides for removing records of arrests that did not end in a conviction.

The expungement law spells out who is eligible. An eligible person must prepare and file a Petition for Expungement in the Superior Court in the county where the arrest or prosecution took place.

A judge then decides whether to grant an Expungement Order. With some exceptions, an Expungement Order means the criminal proceedings “never happened.” It also allows the person to answer school, job and military applications truthfully without revealing that he or she was once arrested or convicted.

Records that must be kept private

When an expungement is granted, law enforcement agencies are required by law to keep the person’s records private. However, the law allows expunged records to be used later in certain situations. If the person is ever again involved in criminal proceedings, the records can be used.

Many people seek an expungement so they have a clear record when applying for jobs. However, expunged records may still be used when a person applies for a job with a law enforcement agency, including state, county and local corrections departments, prosecutors, courts and police. This does not mean those agencies will never hire people with records, but applicants must still disclose an expunged record on the application.

The Law Offices of Raymond A. Raya, Esq.
Monmouth County Lawyer
Traffic · DUI/DWI · Criminal Defense · Municipal