CRIMINAL EXPUNGEMENT 
Expunging Your Criminal Record

Maybe you were arrested for Shoplifting in 1984. Maybe you had a drug problem in a past life and were arrested for simple possession. Whether you pled guilty and you paid your fines, or whether the charges were dismissed, you MUST have the ARREST expunged. Until you go through the court process, your criminal record will never be clean and any background check will show your criminal history. So get your record expunged as soon as possible.

FAQ
How does New Jersey law define expungement?

According to New Jersey law, expungement "shall mean the extraction and isolation of all records on file within any court, detention or correctional facility, law enforcement or criminal justice agency concerning a person's detention, apprehension, arrest, detention, trial or disposition of an offense within the criminal justice system."

How long does the expungement process usually take?

N.J.S.A. 2C:52-9 states that the Court must hear your matter within 35 to 60 days of the date it is filed. Generally, however, the process usually takes a few months from the time you engage our services, but there is no set answer to this question because scheduling depends largely on the Court and its caseload. Various things such as incomplete records that need to be investigated, court scheduling, and/or opposition to your petition from a law enforcement agency may cause the process to be delayed. As much as possible, however, Dan will work to ensure that your expungement is completed as soon as possible.

Can I truthfully state that I have not been arrested/convicted once I have an expungement completed?*

Yes, you can answer that you have never been arrested/convicted once your expungement is complete. The Order that the Judge signs to officially grant your expungement states: "that the arrests, charges, and convictions which are the subject of this Order shall be deemed not to have occurred and the Petitioner may answer accordingly any questions relating to its occurrence."

* - However, New Jersey law states that the expunged records may still be used in certain contexts. For example, the records can be used by the Dept. of Corrections for classifying a prisoner, can be used by a Judge solely for purposes of setting bail, etc. Additionally, N.J.S.A. 2C-52-27(c) states that "Information divulged on expunged records shall be revealed by a petitioner seeking employment within the judicial branch or with a law enforcement or corrections agency and such information shall continue to provide a disability as otherwise provided by law."

Can you expunge an old DUI arrest/conviction?

No. However, while permanent, these arrests/convictions are part of your driving record, not your criminal record. While any points will eventually come off (up to three points can be subtracted from your point total each year -- from NJ-DOT-Motor Vehicle Services) the arrests/convictions will remain a part of your permanent driver's record.

Are there any types of arrests/convictions that cannot be expunged?

Yes, arrests/convictions relating to the following generally may NOT be expunged:

- Homicide;

- Kidnapping;

- Luring or Enticing;

- Aggravated Sexual Assault;

- Aggravated Criminal Sexual Contact;
- if the victim is a minor

- Criminal Sexual Contact;
- if the victim is a minor and the offender is not the parent of the victim

- Criminal Restraint;

- False Imprisonment;

- Robbery;

- Arson and Related Offenses;

- Endangering the welfare of a child by engaging in sexual conduct which would impair or debauch the morals of the child;

- Endangering the welfare of a child;

- Perjury;

- False Swearing;

- Distribution or Possession With Intent to Distribute* any CDS, except:

25 grams or less of marijuana, or,
5 grams or less of hashish;

- Conspiracies or Attempts to commit any of the above;

- Crimes or conspiracies/attempts to commit such when committed by a person holding any public office, position or employment, IF the crime "involved or touched such office, position or employment."

*- In certain limited circumstances, intent to distribute charges may now be eligible for expungement. If this may apply to your case, you should call Dan to discuss the details and find out whether your case is eligible. This new interpretation of New Jersey expungement law does not apply to distribution except for the marijuana/hashish exception described above.


Can you have records of federal arrests/convictions expunged?

[a] - Unfortunately, federal law only permits expungements in a few very limited number of circumstances such as expungement of records of young drug offenders, or those where the Court finds "exceptional circumstances." These circumstances are truly exceptional such as proof of government misconduct, statutes later found unconstitutional, etc. Unfortunately, federal courts have squarely rejected those whose circumstances consist of one dumb mistake and now can not find a job to support their family.

[b] - It should be noted, however, that the expungement of arrest[s]/conviction[s] on your state criminal record will cause your federal criminal record to be expunged of those arrest[s]/conviction[s]. As above, however, records that are the result of federal arrests/convictions generally can not be expunged.

I completed PTI and was told my charges would be expunged after six ("6") months.

Will they automatically be expunged?
No. Attorneys and/or Judges in the criminal Courts often advise defendants that the charges they are pleading guilty to are eligible for, will be, or can be expunged, however, there is no automatic expungement in New Jersey. Whether the charges were just dismissed, you participated in PTI, even if you were acquitted at trial, there is typically an arrest and/or other type of record that exists. If unsure, the best way to check whether a record still exists is to check your record with the New Jersey State Police as described below. This record check can be done prior to contacting Dan regarding consultation or can be done as the first step in the expungement process if you may have arrests/convictions that you cannot recall.

If you have any questions or would like to discuss your options you can contact me at (973) 652-7989 for a Free Consultation or email me at scbrennan.esq@gmail.com.

Helpful Site
http://www.lsnjlaw.org/publications/pages/manuals/cyr.pdf