A criminal conviction on your permanent record can have a significant impact on your life. For example, if you apply for a job and your potential employer requires that you provide a background check, even a conviction for a minor offense could keep you from getting a job. Similarly, a landlord may be hesitant to rent to you because of the worry that you may engage in illegal activity on the property or be at risk for not paying rent on time.
Fortunately, New Jersey law allows people to have their criminal record cleared in certain circumstances through a process known as “expungement.” It is important to understand, however, that the laws that govern who can have their record expunged are extremely complicated. In addition, the process can be difficult and require you to gather a significant amount of paperwork from various parties. For these reasons, it is highly advisable for anyone seeking an expungement to discuss their circumstances with an experienced attorney.
Can my Record Be Expunged?
Unfortunately, there is no way to answer this questions without thoroughly analyzing your case. Some general information about expungement can sometimes be informative, however. Some basic rules include the following:
- New Jersey courts may only expunge New Jersey offenses
- Only criminal and juvenile records are eligible for expungement
- Motor vehicle records are NOT eligible for expungement (NOTE: New Jersey law treats DWI as a motor vehicle offense, not a criminal matter. Consequently, DWI convictions cannot be expunged).
- Other issues that may be relevant include the offense of which you were convicted, how much time has passed since your conviction, whether you completed the sentence imposed by the court, and whether you have other convictions on your record
Importantly, there are certain crimes that cannot be expunged under any circumstances. These include criminal homicide, kidnapping, selling or manufacturing child pornography, perjury, criminal restraint, and others.
Call 856-795-9688 today for a free consultation.
If you have a criminal record, you should find out if you can have it expunged as soon as possible. With over 25 years of experience practicing law, New Jersey criminal defense attorney Robert DePersia, II knows how to navigate the criminal justice system and is committed to bringing each case he handles to a successful resolution. To schedule a free consultation, call our office today at 856-795-9688 or send us an email through our online contact form.