Expungements

Here is some basic information on CLEARING YOUR RECORD with a New Jersey expungement. All expungement application services are provided on a FIXED FEE basis. This includes all attorney time and expenses. Call TODAY for a FREE fee quote, (732) 389-8888.

Q: What is an expungement?

A: Under N.J.S. 2C:52-1 et seq., all records on file with any court, correctional facility, law enforcement or criminal justice agency regarding a person’s detection, apprehension, arrest, detention, trial, or disposition of an offense within the criminal justice system may be extracted and isolated. In effect, a person’s criminal record of arrest and/or conviction is erased and legally deemed not to have occurred.

Q: What records are actually expunged?

A: The records which are actually expunged include complaints, warrants, arrests, commitments, processing records, fingerprints, photographs, index cards, “rap sheets”, and judicial docket records.

Q: Who is eligible for an expungement?

A: Expungement eligibility is a highly technical area in which one should ask a qualified attorney regarding one’s specific facts situation. Generally speaking, a person may have a criminal offense expunged if ten (10) years has passed since the completion of one’s sentence. Disorderly persons offenses and petty disorderly persons offenses may be expunged after five (5) years. Town Ordinance offenses may be expunged after two (2) years. An arrest not resulting in a conviction may generally be expunged without delay. There are limits as to the number of matters that may be expunged, and there are offenses that may not be expunged. There are also other various statutory limitations regarding expungements, which are too technical to list.

Q: May an expungement help a person with a criminal record to lawfully possess firearms?

A: Yes. Because an expungement removes the conviction/criminal record and deems it not to have occurred, the expungement has the effect of removing the disqualification placed upon a convicted person from purchasing or possessing firearms under the firearm licensing law of N.J.S. 2C:58-3(c) and under the firearm possessory law of N.J.S. 2C:39-7.

Expungement of Mental Health Records

Q: What is an expungement?

A: Under N.J.S. 30:4-80.11., if an order expunging a mental health commitment is granted, the commitment shall be deemed not to have occurred and the recipient of the expungement may answer accordingly any question related to the commitment. In effect, a person’s mental health commitment record is erased and legally deemed not to have occurred.

Q: Who is eligible for an expungement?

A: Expungement eligibility is a highly technical area in which one should ask a qualified attorney regarding one’s specific facts situation. Generally speaking, under N.J.S. 30:4-80.8, a person may have a mental health expungement if they have been committed by order of any court or by voluntary commitment to any institution or facility providing mental health services. A person who has been discharged as recovered or substantially improved or substantially in remission may apply to the Superior Court for relief.

Q: May an expungement help a person with a mental health commitment record to lawfully possess firearms?

A: Yes. Because an expungement removes the commitment and the commitment is deemed not to have occurred, the expungement has the effect of removing the disqualification placed upon a person from purchasing or possessing firearms under the firearm licensing law of N.J.S. 2C:58-3(c) and under the firearm possessory law of N.J.S. 2C:39-7.

NOTE:

A State expungement also removes the Federal disqualification for convicted felons purchasing or possessing firearms. At one time, an individual needed a Federal relief from disabilities even though they had a State expungement. Under the 1986 Gun Owners Protection Act, this was changed so that the Federal government recognizes State expungement. This expressed recognition may be found under U.S.C.A. Title 18, 921 (a)(20).

Expungement of an otherwise qualifying offense also removes a person from being subjected to the Lautenberg Domestic Violence Misdemeanor Gun Ban.

Expungement has now taken on an even greater significance with the advent of NICS (National Instant Check System). Expungement may clear certain criminal records which could have otherwise formed a basis for NICS denial.