If someone is arrested, they receive a criminal record, whether it be simply an arrest record or an arrest and conviction record if you are convicted of the crime. This is a permanent record that will follow you throughout your life in several aspects. Prospective employers, insurance companies, landlords, adoption agencies, and creditors, for example, can all access these records. An expungement allows you to essentially erase these records, with the offenses being considered to never have happened. An expungement requires you to file a legal action in New Jersey court. Upon successful completion, a judge will sign a court order stating the offenses “shall be deemed not to have occurred.” Once your record is expunged, anyone doing a background check through the State Police or FBI will find no record exists. You are also entitled to state that the arrest or conviction never occurred.

Can I have my record expunged for professional and licensed employment?

Another separate type of expungement proceeding is available that allows you to remove legal restrictions that hinder your ability to acquire a professional license in certain fields. This type of expungement is called a “Certificate of Rehabilitation”. A Certificate of Rehabilitation can convince certain private employers to hire you when they otherwise wouldn’t have. These licensed employment opportunities include stock brokers, real estate brokers, hospital workers, bankers, computer programmers, taxi drivers, etc. The only thing a Certificate of Rehabilitation cannot remove your record from is when applying for a license to become a law enforcement official or a position related to the New Jersey court system. The Certificate is applicable to all applications for school or professional organization admission, meaning you will not have to write down your record if it was expunged.

What if I want to pursue a job as a Policeman, Fireman, or Attorney?

You must disclose all prior arrests and convictions when applying for all law enforcement and court-related positions. If you were to get these records expunged, you are allowed to say so on the application, but it nonetheless must be disclosed. These positions will however consider your application as a whole and unless specified specifically by law, your prior arrest or conviction will not automatically disqualify you.

Will the federal government be notified of my expungement?

Yes, as part of the expungement process, the state of New Jersey will notify the FBI when your record has been expunged. They are then required by federal law to honor that information and expunge the conviction.

If I am not a U.S. Citizen, how does the expungement process work?

One of the biggest exceptions to the expungement process involves the Department of Homeland Security and the ICE (Immigration & Customs Enforcement). All non-U.S. citizens who apply for entry into the U.S. or are seeking naturalization must reveal all arrests and convictions, regardless of whether they were expunged or not. Those seeking to gain citizenship may also need to show documents related to their prior past arrests and convictions, which expungement makes difficult to acquire. You should always involve an immigration attorney in the process, as non-citizens may need to take extra steps before finalizing their expungement.

My records were expunged, but my arrest and criminal convictions still show up on the internet and on public records. Is there a way I can stop this?

There is no complete solution to this problem. Since court records are open to the public, some private businesses make a living collecting criminal history and other information from these records. The best solution is to contact the large private companies that search these records and tell them your record was expunged. They will be forced to remove the records. If they refuse to do so, they effectively expose themselves to a civil suit and criminal liability.

How long do I have to wait before I can petition to have my conviction expunged?

Each conviction has a minimum waiting period before the courts will expunge them from your record. Dismissals, too, require a waiting period. The wait times are as follows:

Each of these waiting periods begins from the last of the following: the date your prison sentence is completed, the date that the judge imposes your sentence, or the date which you pay off of your fines. The court may relax this waiting period requirement pertaining to paying fines under certain circumstances. These include when the court finds that you paid a substantial amount of the fines scheduled by the sentencing judge or if you can show the court that there were compelling reasons which prevented you from paying such fines.

Can I get a federal crime arrest or conviction expunged?

Generally, all federal arrests and convictions cannot be expunged.

What is the limit to the number of offenses I can get expunged from my record?

The courts do not place a limit on the number of times your record can be expunged. The court does, however, factor into it’s determination every instance in which you have applied for and been granted an expungement. When a court looks at whether to allow you to have a current arrest or conviction expunged, they will factor in all of your prior criminal history, including matters which you have had expunged previously, meaning they can look at your record as though all of the arrests and convictions are on it.

How long does the expungement process take in the court system?

The entire process usually takes at least 3 months.

Will I be able to become a school teacher, nurse, or work in another occupation?

Yes, as previously mentioned, once your record is expunged it will not appear on your record and you may apply for generally any position without having to disclose the prior arrest or conviction. New Jersey law requires that all records pertaining to your arrest or conviction, including warrant, an arrest record, the complaint, the commitment record, fingerprints, photographs, court docket sheets, etc. must be kept away from the general public. This goes for not only the court, but for any detention facility you may have been at and also for every law enforcement agency that may have a record of your arrest or conviction. Your record essentially reflects that the arrest or conviction never happened. Any background checks will show just that.

If I was convicted as an accomplice to a distribution of a controlled dangerous substance case, am I ineligible?

Yes, you are ineligible to have this expunged. New Jersey law states that all those involved with distribution of a controlled dangerous substance, whether it be as a principal or accomplice, are barred from obtaining an expungement for this crime.

Is a DUI considered a traffic violation and therefore not eligible for expungement?

Yes, under Title 39 a DUI is not eligible for expungement.

Am I allowed to own a firearm after an expungement?

Yes, all expunged arrests and convictions will not appear on your record and therefore cannot be considered by the state of New Jersey when determining whether to grant or deny you a permit for a firearm. The New Jersey Firearms Identification Car Application For only inquires as to your criminal arrests and convictions that have not been expunged or sealed. One must keep in mind that Federal Law may restrict them from granting you a license however, as is the case if you were convicted of misdemeanor domestic violence, regardless of whether or not it was expunged from your record.

Will I personally have to go to court?

No, as licensed attorneys, we will go to court for you. You do not have to set foot in the court room.

How long will it take for my records to be updated?

Once you have obtained an order by the court to have your record expunged, we will immediately serve a copy of that order to all of the courts, law enforcement agencies, detention facilities, and all other entities that may have records pertaining to your arrest or conviction. Those agencies are then required by law to promptly expunge your records. The process should therefore not take long.

What is the difference between an indictable offense and a non-indictable offense?

The state of New Jersey distinguishes indictable offenses from non-indictable offenses. Indictable offenses are those of a more serious nature. They are usually handled by the Superior courts and require the offender to be indicted by a grand jury. These crimes are all punishable by imprisonment of 6 months or longer. Examples include murder, rape, and burglary.

Non-indictable offenses are less serious. They are also known as disorderly person offenses. They are handled by municipal courts and do not require grand jury indictment. They are punishable by less than 6 months in prison. Examples include shoplifting, simple assault, traffic offenses, and child support offenses.

If I get my record expunged, will it relieve me of the requirement to register as a sex offender?

No. Sex crimes, particularly crimes that require you to register as a sex offender, cannot be expunged.

If I get my record expunged, can I get a Sentri pass?

The border patrol has discretion in controlling who may receive a Sentri pass. Therefore, there is no guarantee that expungement will result in the border patrol granting you a Sentri pass. That being said, getting your record expunged can certainly help, so it is wise to do so before applying. Having your record expunged shows you have resolved all matters with the court. This could certainly make the different between the border patrol granting your request or denying it.

Call our managing partner, Fredrick P. Niemann toll-free at
(855) 376-5291 or e-mail him at fniemann@hnlawfirm.com

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