(Terence M. Scott, Esq. - Clifton, New Jersey) Expungements

In many cases, people who have experienced problems with the law such as an arrest or conviction can have these matters cleaned off their criminal record thus allowing them to avoid the releated stigma and embarrassment, as well as providing them with the peace of mind and security when applying for school or a job.

In the case of certain convictions, college students are deemed ineligible to receive financial aid either for a year or in other cases permanently. In the Health Care field, recent legislation requires that records of all employees be checked to determine the existence of a prior record. With the advent of internet services all types and levels of jobs are now requiring background checks on all new employees.

By successfully expunging your prior record, your arrest and/or conviction(s) are sealed and removed from your criminal history. The expungement process involves an evaluation of your matter, and if applicable, applying for and obtaining a Court Order cleaning your criminal record, which removes these items from your past and prevents the future release of this information to a prospective employer, law enforcement agency, school and curious individuals. The process usually takes a few months and typically cost $1450. In many cases, no court appearance is required.

Q: What is an Expungement?

A: An Expungement is a process by which a prior record of an arrest or conviction is removed from the files of the Court, Police Department, and other Law Enforcement Agencies. The process removes these items from being revealed during a background check or criminal look-up and thus prevents release of this information to prospective employers, schools, curious individuals, or law enforcement agencies. Additionally, during a job interview, you are legally allowed to answer "no" when asked if you have ever been arrested or convicted of a crime.

Q: Are all types of matter expungeable?

A: No. Some matters are not expungeable, although many are including certain indictable matters (felonies), juvenile offenses and disorderly persons offenses (misdemeaners) such as possession of drugs, shoplifting, and assaults.

Q: How does one go about obtaining an expungement?

A: Expungement Statutes are fairly complicated involving analysis of the type and degree of offense, date of arrest, conviction and conclusion, prior and subsequent criminal history as well as specific eligibility dates. Thereafter a variety of submisstions and a Petition are made to the Superior Court of New Jersey, as well as various Law Enforcement Agencies at both the State and local level. The process usually takes between 60 to 90 days from the date of the filing and in most instances the Expungement application is granted.

Q: How much does it cost and will I have to appear in Court?

A: Typicially legal fees and filing costs are $1,450.00. In many cases, there is no Court appearance required by you.

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