Expungement

Expungement (New Jersey Clients ONLY)

There’s no limit to what you can accomplish with a good name.  The weight of a criminal record only imposes restraints and closes doors.  Today, criminal record checks are the norm in virtually all applications for professional licenses, employment, university admissions, gun permits, adoptions, etc.  Fortunately, New Jersey law gives you the opportunity to redeem your good name.  A successful Expungement gives you the luxury to lawfully state you have a clean criminal record!

 

Benefits of Expungement

The benefits of Expunging your criminal record are many, and most notably include:

All records relating to an arrest, criminal charge, or conviction are isolated and then deleted from New Jersey’s Criminal Case Management database.  This includes arrests that did not result in a conviction.  (Remember, even with a dismissal, the record of the arrest remains on your record unless it is Expunged.)

Search results within government databases (including courts, police departments, and the FBI) come up as “No Record Found.”

A person is legally entitled to answer that he/she has never been arrested, has never been charged with a crime, and has never been convicted of a crime when questioned:

(A)             Under oath in a formal proceeding (e.g., deposition, hearing, trial)

(B)              By licensing boards or employment applications for professions such as:

  • Certified Public Accountant
  • Stock Broker
  • Physician
  • Nursing
  • Teaching
  • Pharmacist
  • Real Estate Broker or Agent
  • Beautician or Barber
  • Taxi Driver
  • ANY OTHER PROFESSION (except in law enforcement or the judicial system)

(C)             In applications for admission to:

  • Undergraduate School
  • Graduate School
  • Medical School
  • Professional Training School
  • ANY OTHER SCHOOL (except law school)

(D)             And, of course, Expunging your record also grants you some relief and peace of mind.

 

How Does Expungement Work?

An Expungement is the removal and isolation of your records on file with any court, law enforcement or criminal justice agency, correctional facility, or juvenile justice agency concerning your arrest, trial, conviction, or other disposition of a criminal offense in the state of New Jersey.  On November 17, 2008, New Jersey’s Acting Administrative Director, Judge Glenn A. Grant, issued Directive # 16-08, which states in part:

“When the court grants a defendant’s petition for Expungement, the case file and all copies of case-related documents are issued and can no longer be accessed by the public or by court staff unless specifically authorized by a judge.  The Criminal Division similarly needs to ensure that all information contained in the statewide Criminal Case Management database related to the case covered by the expungement order is deleted.”

 

Qualifying for Expungement

Of course, not everyone qualifies for Expungement.  New Jersey courts consider many factors in determining a person’s eligibility, and Expungement laws are complex with many nuances.  The Law Offices of Robert S. Gitmeid & Associates, PLLC has the knowledge and experience to answer any questions you may have about Expungement law and how you can benefit from it.  Call our office today for a free consultation about Expunging your criminal record!

“So much depends on reputation – guard it with your life.”

–          48 Laws of Power