An expungement is the legal removal of a crime from a criminal history such that it appears that there is no criminal history. If you are applying for a job or any position where a background check is necessary your criminal history will be pulled.

The crime is not erased from all sources. Somewhere there are persons in the criminal justice system who will recall the crime. Somewhere in the criminal justice system there are physical records.

However, after an expungement you will be able to answer “No” when asked if you have every been arrested, been a defendant in a criminal proceeding or convicted of a crime. If can mean the difference when getting a job.

If you have questions about the meaning of an expungement, the experienced lawyers at Cores & Associates, LLC are available to help.

There are various requirements for expungement depending on several factors.  If there was no conviction of a crime then an expungement may be appropriate if

            – The charges were dismissed;
            – You were found not guilty after a trial; or
            – There was another reason why the charges were discharged.

There are also time restraints on seeking an expungement.
The following crimes are eligible for expungement:

            – Minor drug offenses, after as little as a year.
            – Disorderly persons offenses (3-5 year waiting period).
            – Municipal ordinance violation with a waiting period of approximately 2 years.
            – Some indictable offenses after 6 years.

On the other hand, there are some crimes that can never be expunged. This includes: Murder, robbery, kidnapping, sex crimes, and major drug offenses.

There may be reasonable why you are not eligible for an expungement as well. If you were found not guilty because of a plea bargain or lacked mental capacity, you may not be able to obtain an expungement.

If you have questions about the meaning of an expungement, the experienced lawyers at Cores & Associates, LLC are available to help.

N.J.S.A. § 2C:52-27 states that: 
 
“Unless otherwise provided by law, if an order of expungement is granted, the arrest, conviction and any proceedings related thereto shall be deemed not to have occurred, and the petitioner may answer any questions relating to their occurrence accordingly, except as follows:
 
a.  The fact of an expungement, sealing or similar relief shall be disclosed as provided in section 2C:52-8b.
 
b.  The fact of an expungement of prior charges which were dismissed because  of the person’s acceptance into and successful completion of a supervisory treatment or other diversion program shall be disclosed by said person to any judge who is determining the propriety of accepting said person into a supervisory treatment or other diversion program for subsequent criminal charges;  and
 
c.  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.”
 
The answer is yes and no. Generally, you do not have to disclose a prior criminal history after an expungement.  There are three main exceptions:

1.) You are trying to get another criminal conviction expunged;
2.) You are entering a diversionary program;
3.) You are trying to get a job in the criminal justice system or courts.
 
If you think that you may be eligible to receive an expungement contact the experienced lawyers at Cores & Associates, LLC.