Legally Speaking ...
Erasing a Mistake
By: Anthony V. Locascio, Esq.
We all make mistakes. However, if you've ever made an unlawful mistake which brought you before a criminal court, then, depending on the type of criminal conviction or plea you received, you may be able to have this mistake erased or "expunged" from your record. "Expunging" a criminal record means the "extraction and isolation of all records on file" with any court or law enforcement agency. The records that get expunged are typically the complaint(s) filed against you, records of arrests, warrants, photographs, fingerprints, "rap sheets" and court procedural records.
New Jersey gives one-time offenders the ability to start with a clean slate by expunging their criminal history. However, in order to have your criminal records expunged, you must wait :
(a) 10 years if you've been convicted of a crime,
(b) 5 years if you've been convicted of a disorderly offense or petty disorderly offense,
(c) 2 years if you've been convicted of a municipal ordinance,
Unfortunately, however, an expungement is not available for motor vehicle violations. Additionally, an expungement is not available for many serious crimes, such as homicide, robbery, kidnapping, most sex crimes, and crimes committed by public officials.
Procedurally, in order to have your record expunged, you must file a petition for expungement in the Superior Court of New Jersey, giving notice of this request to the Superintendent of the State Police, the Judge who originally heard your case, the Chief of the local police that made the arrest, the New Jersey Attorney General, the County Prosecutor, and the warden of any institution in which you were confined.
If none of the noticed law enforcement authorities object to your application, the court can (but need not) grant the expungement without the generally required court appearance. However the court can deny the expungement if you have a pending charge or if the need for retaining the records outweighs your need to be free from any disabilities resulting from the criminal record--- such as having to reveal your criminal background to a prospective employer.
Once expunged , however, if asked about your criminal history on a job application, you can answer as if the arrest and subsequent proceedings never occurred (unless applying for a job in law enforcement or in the judicial branch of government). Remember, even if expunged, the records are not actually destroyed but placed in a separate place for such records.
Criminal activity is never condoned and always wrong; however, if you made a mistake long ago, paid for that mistake, and since then maintained a crime-free life, don't let your mistake stop your continued growth and development. Take advantage of New Jersey's law permitting an expungement of your criminal past.
If you have a general legal question you would like discussed, please type or print clearly and send your question to ... The Journal at PO Box, 422 Colts Neck, New Jersey 07722 or you may email your questions to cnjournal@msn.com or to Anthony V. Locascio, Esq at anthony@goldandalbanese.com. The names of persons submitting questions, and the specific subject matter shall be kept strictly confidential.
This article is meant for informational purposes only, and is not legal advice. No representations or warranties are made with regard to the accuracy or content of this information. Always contact an attorney before taking any legal action.
ANTHONY V. LOCASCIO is Certified by the Supreme Court of New Jersey as a Civil Trial Attorney and an attorney with the firm of GOLD, ALBANESE & BARLETTI with offices in Red Bank (732) 936-9901, Morristown, New York and Boston, Massachusetts.
