Clear or Erase a Criminal Record: Expungement in New Jersey

Are You Eligible to Clear Your Criminal Record?

Face it, these days, everyone is conducting background checks, and that "dumb" move that you did a while ago, simply won’t go away. Does that arrest and/or criminal conviction keep rearing its ugly head? If so, there may be something that you can do about it. You may be eligible for an "expungement" to clear your criminal record in New Jersey.

What is Record Expungement?

First, what is an expungement? An expungement is the legal process of "cleaning" your criminal records.  The purpose of an expungement is to "erase" the negative things that happen in your past since a criminal record can often hinder your future and your ability to secure a job. Many of the more common criminal offense can be expunged such as, petty theft, shoplifting, possession of marijuana, disorderly persons offenses, petty disorderly persons offenses, township ordinance and even arrests.

In fact, even some indictable offenses that are felonies can be expunged. Understandably, not all felony and misdemeanor charges can be cleared from your New Jersey criminal record. Arrests and/or criminal convictions must meet certain guidelines in order for it to be expunged from your record. In every case, an individual seeking expungement in New Jersey must not be on probation, serving a sentence for any offense, nor have any new criminal charges pending.

Criminal Records and Employment Issues

The main reason why people want to clear their criminal record is so that they can secure employment. This is because most employers are now conducting background checks before hiring a job applicant. Most employers consider the applicant's criminal record in deciding whether to extend a job offer. A person whose conviction is expunged can lawfully answer "no" if asked whether he has been arrested and/or convicted of a crime.

What Happens to the Records?

Does the criminal record just magically "disappear?" No, however, the expunged records are sent to a special facility for expunged records. The records cannot be accessed for general law enforcement or civil use. There are however certain exceptional situations under which the expunged records can be searched, retrieved, and used, but this is rare and normally requires a court order or statutory authorization. One way to look at this is that expunged records do not "disappear," rather they "go away" and in the vast majority of cases, are never heard from again.

Basic Eligibility for Record Expungement

Below is a useful chart to help determine when a person is legally eligible to have apply to have a matter expunged:

Since the expungement process may take several months, you do not need to wait until the required time period for an expungement has lapsed.  Rather, the sooner you get started, the better.  The expungement process can be quite technical.  In most cases, it is best accomplished through contacting an attorney who handles these type matters.  Although some attorneys may charge for an evaluation of your case, the Law Office of Brian Goldenfarb has agreed to provide a FREE consultation to help determine if you or someone you know is eligible for an expungement.  Brian Goldenfarb can be reached at (732) 514-6655 or at (877) 8-CAR-LAW.