Some Thoughts on Expunging a Criminal Record

If you are charged with a criminal offense in NJ, you will have a criminal record even if you are not convicted. And your employer can see it.

To clear your past (expunging a criminal record), you will need to file a Verified Petition with the Superior Court. There are time limits (think ‘waiting’ periods) that will have to be met before you will be eligible for this type of relief. There are also limits on the types of charges that can be removed, as some offenses are precluded from expungement. In addition, in expunging a criminal record there are limits on the number of convictions you can incur and still be eligible for the expungement. expunging a criminal record, post conviction reliefIf the Court grants your request, the records are removed from the Police, Court and other public records and sequestered in a separate file system…in essence sealing them from the casual inquiry of non-law enforcement. An employer will not (in most cases) be able to see the records unless you were applying for a position in law enforcement or some other job where the fact that you had been convicted would be a valid concern as to whether you should hold that kind of position. When you are considering how to resolve a pending criminal charge, you should ask your attorney when (or if) you will be eligible to have the conviction removed from your public record BEFORE you resolve the case.

Howard W. Bailey, Esq.
550 Broad Street, Suite 601
Newark, NJ 07102

#expungement #clearmyrecord #sealing