Expungement

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New Jersey

Expungement Answers

What will show up on my criminal background check?

What will show up on my background check? Once your conviction has been expunged, NJ law requires that all records pertaining to that conviction—the complaint, any warrants, the arrest record, the commitment record, fingerprints, photographs, rap sheets, court docket sheets, etc.—be kept away from the general public by the court, detention facility, or any other law enforcement agency that has records of that conviction. This basically means that nothing related to the conviction will show if someone conducts a background check on you.

Will anyone be able to view the case records?

There are very limited instances. 1) Attorney General and any county prosecutor or judge in the State may have access to your expunged conviction records. However, they can only use the records for purposes of sentencing you or deciding whether or not to accept you into a supervisory treatment or diversionary program in future charges/convictions. 2) The Violent Crimes Compensation Board may also have access records of convictions which have been expunged. A probation department may also have access to your expunged records for purposes of a bail hearing or to prepare a presentencing report. 3) The New Jersey Parole Board may also have access to your expunged records for purposes of determining whether to grant you parole. The Department of Corrections also has access to your expunged records but can only use it for a very limited purpose. 4) Also, after your records have been expunged, anyone can file a motion to ask the court for permission to inspect the records that has been expunged. However, in order to do that, they would need to have a very good reason (a “compelling need”) to inspect the records. 5) If you are ever convicted of another crime in the future, your expunged conviction can be considered by the judge for purposes of sentencing you for that future conviction.

When do I have to disclose the expungement?

You must disclose that you have been convicted on any application with the judicial branch (i.e. employment with a court), a law enforcement or corrections agency. You must also disclose the conviction to any future judge who is considering whether to accept you into a supervisory treatment or other diversionary program. In all other situations, you do not have to disclose the fact of the conviction.

Can I become a schoolteacher, nurse, or other occupation?

Yes. Once your conviction has been expunged, NJ law requires that all records pertaining to that conviction—the complaint, any warrants, the arrest record, the commitment record, fingerprints, photographs, rap sheets, court docket sheets, etc.—be kept away from the general public by the court, detention facility, or any other law enforcement agency that has records of that conviction. This basically means that anything related to that conviction will not show if someone conducts a criminal background check on you. After expungement, the incident is treated as if it never happened and on any application for employment, school, military or the like you can state the arrest and conviction never occurred. The background check will show a “no record” for that offense.

If I have multiple convictions (does not include being adjudged a disorderly person or petty disorderly person) and I have the latest conviction expunged, can I then expunge the previous conviction?

No.

If I have multiple convictions (does not include being adjudged a disorderly person or petty disorderly person), can I pick which conviction I want to expunge?

No. You can only expunge the last because you can’t have any subsequent convictions.

If I had two arrests but they were sentenced on the same date, are they multiple convictions and precluded?

If two crimes are committed on separate occasions, they are precluded from expungement regardless of whether the two crimes carry a single sentencing date and therefore a single date of conviction.

If my subsequent conviction was for a federal crime am I still precluded?

Yes. You can’t have any subsequent conviction, in any state, county, or federal system.

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

Yes. The statutory bar against eligibility for expungement with respect to controlled dangerous substance distribution cases applies equally to principals and accomplices.

I have more than one disorderly persons offenses can I expunge them?

You can expunge more than one disorderly persons convictions as long as all the other requirements of the statute are met.

What is Title 39?

Title 39 is the category of laws in New Jersey that deal with motor vehicles and traffic regulations. Title 39 deals with things such as the licensing, suspension, and revocation of driver licenses. Examples of “Title 39” violations include speeding and other everyday traffic violations, reckless driving, and driving while intoxicated (DWI). You cannot expunge charges that fall under Title 39.

Is DUI considered a traffic violation?

Yes because it is in Title 39. Therefore, it is not eligible for expungement.

Can I own a firearm after expungement?

Yes. A conviction which has been expunged will not be considered by New Jersey to deny you a gun permit. The New Jersey Firearms Identification Card Application Form only asks about past criminal convictions or arrests for cases other than cases that have been expunged or sealed. However, there is also a lifetime prohibition from the United States government (Lautenberg Amendment to the Violence Against Women Act), which prohibits firearm ownership of those convicted of misdemeanor domestic violence as defined by the federal law. Expungement in NJ does not lift the federal prohibition.

Can I expunge the civil records of the case that is expunged?

No. Expungement of the criminal case does not get rid of the records in the civil case.

Do I need to hire an attorney or can I do it myself?

Most people do to (1) make sure it is done right the first time so it does not get rejected or cost you months of delay (2) handle objections from the district attorney (3) send an attorney to court to argue the case if need be and (4) write letters to potential employers letting them know that the case has been reopened and will soon have the conviction off of your record.

How long does the process take?

Typically, the process takes about three to four months.

Can it be done faster?

The courts work on a first come, first serve basis. Therefore, the sooner you sign up, the sooner it is heard and decided. If it helps, we would be glad to write your employer or potential employer a letter letting them know we have reopened the case and are in the process of having it dismissed.

Do I have to go to court?

No. We are licensed attorneys so we go to court for you.

How long does it take for the records to be updated?

By law, once the court has issued you an expungement order, all entities/agencies which have records pertaining to your conviction, and which have received a copy of the court’s order, must promptly remove those records from their files and not release them to the public. We suggest giving the agencies a few weeks to 30 days to comply with the order.

How do the agencies know it is granted?

Once the court issues you an expungement order, we will serve a copy of that order on all courts, law enforcement agencies, detention facilities, and other entities/agencies that have records pertaining to that conviction. Once those entities/agencies receive the order, they must promptly expunge those records.

What are the details of the guarantee?

If we are unable to succeed on your case, we give you your money back, except for the fees paid to the court (normally $50 to $100). There is a partial refund if the client does anything to become ineligible after beginning the process.

Do you have payment plans?

We can create a payment plan that meets your needs. We typically spread payments into equal amounts over 60 days, but in some instances, we can spread them out further.

What if I don’t know exactly what is on my record?

We will be glad to work with you to get a copy of your record and to review what can be done. We charge $100 to do it and we apply that to the cost of any service that you hire us to perform.

What is the difference between indictable offenses and nonindictable offenses?

In New Jersey, there are only “indictable offenses” (serious offenses) and “non-indictable offenses” (less serious offenses, sometimes called “disorderly person offenses”). Indictable offenses in New Jersey are basically offenses of a more serious nature. They are crimes that are punishable in jail/prison for 6 months or longer. Examples are murder, burglary, and rape. Indictable offenses are typically handled by the superior courts and require indictment by a grand jury. Non-indictable offenses are often referred to as “disorderly person offenses.” They are less serious and include such things as simple assault, shoplifting, traffic offenses and child support offenses. They are typically handled by municipal, town, or village courts and do not require any grand jury indictment.

If I was convicted of an indictable offense, can I have it reduced?

No. Once you have received a conviction for an indictable offense, it can only be expunged, not reduced, in New Jersey.

What is the main reason that it is denied?

If it is denied, it is usually because of (1) an inaccuracy in the court file, (2) an inaccuracy in the application, (3) the court does not believe it will be in the interest of society, (4) violating probation, or (5) not paying fines.

What if my case is denied?

If the case is denied, we evaluate the reason for the denial and determine the best way to proceed. If we do not believe that refiling would be successful or we recommend the person wait longer to refile, then there is the money back guarantee.

Will it relieve me of the requirement to register as a sex offender?

No. Because sex crimes—in particular, the crimes that require you to register as a sex offender—are not eligible for expungement.

Can I visit Canada after this?

If you have been convicted of minor offenses (including assault, dangerous driving, DUI, theft, shoplifting, unauthorized possession of firearms, possession of illegal substances, etc.) or indictable criminal offenses (including assault with a deadly weapon, manslaughter, etc.) your prohibited from entrance and further action is required to find out whether you will be allowed entrance. The Canadian government has entered into an information sharing agreement with the United States; so whatever the Canadian government will have whatever information the United States has. Therefore, the first thing you should do is clear your criminal record to the fullest extent possible before submitting to a background check. The benefit of this will show the Canadian government that the matter was resolved and no longer considered a conviction and improve the odds of not being denied entry to Canada or being stuck at the border for lengthy interrogation.

Can I get a Sentri pass?

The Border Patrol has discretion in granting or denying Sentri passes. So the only thing we can say for sure is that it would help; so it would be wise to invest in record clearing before applying for a pass. A modest investment in expungement could be the difference between having your request accepted or denied. It will show that you have resolved all matters with the court.

Can I vote after this?

In New Jersey, your right to vote is automatically restored once you complete your sentence, including any prison, probation, or parole. Therefore, you do not need an expungement in order to restore your voting rights.

Will it help with immigration?

It can still be viewed and considered when determining your immigration; however, it will appear better and increase your chances during the immigration proceedings.

Can I clear my federal conviction?

You can only expunge certain cases. Typically, you have to show that the conviction was wrongful or unconstitutional. Additionally, a person can apply for a pardon through the President. We do not handle federal cases.

If I was committed of a crime that is ineligible for expungement and I obtained a pardon am I now eligible?

Yes. A governor’s pardon removes the statutory bar to expungement.