How to Tell if You’re Eligible for an Expungement
Expungement refers to the court-ordered process of, essentially, erasing the legal record connected to an arrest for a criminal conviction. In actuality, the arrest or conviction is merely sealed or discarded in the eyes of the law. The laws regarding expungement, however, are state specific and can even vary from county to county.
Expungement typically results in sealing your arrest or conviction in the eyes of the law, which means that the crime will – for most intents and purposes – no longer show up on your criminal record. Once you’ve obtained an expungement, it’s no longer necessary to reveal that arrest or conviction on forms and documents, such as applications for jobs, housing, higher education, and even credit. Once expunged, the crime shouldn’t show up on background searches or inspections of public records.
Gone but Not Forgotten
Although your crime may be expunged from your records, it is not truly erased from all records. The record of criminal conviction, which government agencies like law enforcement and criminal courts can access, will remain in your criminal records. That’s why such records are often referenced as under seal. A legal situation can arise in which your expunged records might be brought up as proof of a prior conviction.
Am I Eligible?
There are several important factors that insinuate themselves into eligibility for expungement:
- Jurisdiction of the charge;
- Nature of the charge;
- Passage of time since the charge was levied; and
- Your legal history.
Expungement is situation specific and should never be relied upon before it’s accomplished.
Can’t Expunge That
In New Jersey, certain convictions can never be expunged:
- The act of luring or enticing;
- Aggravated criminal sexual assault;
- Criminal homicide – other than auto;
- Criminal restraint;
- Manufacture or sale of child pornography; and
Achieving an expungement in New Jersey is complicated, but it’s also worth investigating. If you’ve been convicted of a crime in New Jersey and believe that it might be eligible for expungement, do not hesitate to retain an experienced New Jersey lawyer.
If You Believe Your Case Is Eligible for Expungement, Call 732-409-5195 to Schedule an Evaluation Today
If you have an arrest or conviction record that you hope to have expunged, contact the Law Office of Ronald J. Brandmayr, Jr. and allow Ron to skillfully guide you through the expungement process. To schedule a free consultation with New Jersey criminal defense lawyer Ronald J. Brandmayr, Jr., call our office today at 732-409-5195 or send us an email through our online contact form.