EXPUNGEMENT
OF
CRIMINAL
RECORDS
(1) 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.
(2) 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.
(3) 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.
(4) 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.
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.
EXPUNGEMENT
OF
MENTAL
HEALTH RECORDS
(1) 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.
(2) 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.
(4) 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.
