Expungement
Expungement
A record of an arrest or conviction can haunt a person forever. Applications for college, other schools, jobs, professional licenses and military service often ask about criminal records. Many people can solve this problem because they are eligible for Expungement of their New Jersey criminal records.
New Jersey law provides a limited right to Expungement. The purpose of New Jersey ‘s Expungement law is to give a person who has either one or very few convictions a “fresh start.” The law also provides for the removal of records of arrests where the arrest did not end in a conviction.
The New Jersey Expungement law states in detail who is eligible for an Expungement. An eligible person must prepare and file a Petition for Expungement . The Petition for Expungement must be filed in the Superior Court(s) in the county where the arrest or prosecution took place.
A judge then decides whether the person should be granted an Expungement Order . An Expungement Order means that, with some exceptions, the criminal proceedings “never happened.” It also allows the person to fill out school, job, and military applications truthfully without having to reveal that he or she was once arrested or convicted.
Records Required to Be Kept Private
When an Expungement is granted, law enforcement agencies are required by law to keep that person’s records private. However, the law does allow expunged records to be used later in certain cases. Should the person ever again become involved in any criminal proceedings, the records can be used.
Many people want to go through the Expungement process so that they can have clear records when they apply for jobs. However, the law does allow expunged records to be used when a person applies for a job with a law enforcement agency. This includes jobs with state, county, and local corrections departments, prosecutors, courts, and police. This does not mean that those agencies will never employ people with records, but it does mean that those applying must still reveal the existence of an expunged record on a job application.
If you would like to speak with me about expungement, call 1-732-845-3203 or e-mail Ray at rraya@rayalaw.com to set up a consultation.
I represent clients who have received a summons or been arrested on a wide variety of traffic violations, defending them throughout New Jersey.