Criminal Record in NJ after Expungement
There are obviously significant benefits to having a criminal record expunged and our criminal lawyers will make sure you have every opportunity to expunge your arrest or conviction. We handle expungement applications throughout New Jersey including Monmouth County, Ocean County, Union County, Middlesex County, Somerset County, Essex County, Burlington County, Mercer County, Bergen County and Hudson County. If you need a lawyer to simply answer questions regarding expungement or are interested in hiring an attorney to expunge a record, our NJ law firm is prepared to assist you. Initial consultations with our lawyers are always without charge so you should not hesitate to contact our office. An attorney is available to speak to you immediately. The following information is provided to give you an understanding of the effects of an expungement and the benefit which it can provide.
New Jersey Law Outlining the Effect of an Expungement
A frequent question asked by individuals interested in seeking expungement is what will happen to my criminal record after an expungement. The answer to this question is found in New Jersey Law N.J.S.A. 2C:52-27 which addresses this question directly. The statute provides as follows:
2C:52-27. Effect of expungement
Unless otherwise provided by law, if an order of expungement is granted, the arrest, conviction and any proceedings related thereto shall be deemed not to have occurred, and the petitioner may answer any questions relating to their occurrence accordingly, except as follows:
a. The fact of an expungement, sealing or similar relief shall be disclosed as provided in section 2C:52-8b.
b. The fact of an expungement of prior charges which were dismissed because of the person’s acceptance into and successful completion of a supervisory treatment or other diversion program shall be disclosed by said person to any judge who is determining the propriety of accepting said person into a supervisory treatment or other diversion program for subsequent criminal charges; and
c. Information divulged on expunged records shall be revealed by a petitioner seeking employment within the judicial branch or with a law enforcement or corrections agency and such information shall continue to provide a disability as otherwise provided by law.
Control of Records Which are Expunged under NJ Expungement Law
We previously discussed what records are expunged in Explanation of Expungement page, the question here is what, if anything, is done with the records once they are extracted from the court and police record? N.J.S.A. 2C:52-15 addresses this issue and provides:
2C:52-15. Records to be removed; control
If an order of expungement of records of arrest or conviction under this chapter is granted by the court, all the records specified in said order shall be removed from the files of the agencies which have been noticed of the pendency of petitioner’s motion and which are, by the provisions of this chapter, entitled to notice, and shall be placed in the control of a person who has been designated by the head of each such agency which, at the time of the hearing, possesses said records. That designated person shall, except as otherwise provided in this chapter, insure that such records or the information contained therein are not released for any reason and are not utilized or referred to for any purpose. In response to requests for information or records of the person who was arrested or convicted, all noticed officers, departments and agencies shall reply, with respect to the arrest, conviction or related proceedings which are the subject of the order, that there is no record information.
If you or a loved one are interested in filing an expungement in Monmouth County, Union County, Middlesex County, Ocean County, Essex County, Somerset County, Mercer County, Burlington County, Hudson County, Bergen County, or elsewhere in New Jersey, please do not hesitate to contact our office. A criminal lawyer in our law firm will answer your questions and provide you with direction in how to proceed. You can then decide if you want to hire our attorney and law firm, such that we can file your expungement.
