Expungement
In post September 11th times, we live a society that is increasingly concerned with safety and security. In fact, most people when questioned will reveal that their safety and security is the most important benefit that the Government and/or their job can provide. As a result of this heightened scrutiny of safety and security in the job place, many employers have instituted mandatory background checks for their employees and/or prospective employees. In addition, employees who have held a job for many years without a background check may now find that their employer is seeking mandatory background checks regardless of their tenure and/or time with the company. Moreover, in the highly competitive job market, employers often conduct background checks among their prospective candidates in order to determine their suitability. Fortunately, if there is an indiscretion within your past which has haunted you, there is a process that is available within the State of New Jersey that can help you erase that part of your past.
The process I am referring to is filing for a Petition for Expungement. The expungement process is provided for within the New Jersey Statutes and is available to all individuals who have committed any disorderly persons offense, as well as indictable offenses within the State of New Jersey. The expungement process is available to residents and/or non-residents of the State of New Jersey and an individual may expunge one or more petty disorderly persons offenses and/or indictable offenses from their criminal history. Obviously, there are limitations concerning the eligibility for expungements. In addition, certain offenses, such as murder and/or distributing a narcotic for sale, are not subject to expungement. Nonetheless, the expungement process is a valuable tool which can help many people erase and/or minimize a mistake they made in their past.
Prior to becoming eligible for an expungement, there are mandatory waiting periods after which time a party may be eligible for an expungement. For example, a person may seek an expungement ten (10) years after being discharged from probation or parole for an indictable offense. If a person is convicted a disorderly persons or petty disorderly persons offense, there is a five (5) year eligibility waiting period after discharge from probation and/or payment of the fine in full. If a person is convicted of a Municipal Ordinance, there is a two (2) year waiting period from the time the person is discharged from probation and/or has paid the fine in full. In other instances, the waiting period for an expungement may be shorter. For instance, if a person is arrested and charged with a crime, and thereafter, the charges are dismissed this individual would be eligible for an immediate expungement. Moreover, if a person is accepted into and completes a diversionary program such as Pre-trial Intervention and/or a Conditional Discharge, the waiting period for an expungement would be six (6) months from the date of discharge from probation and/or a successful completion of the program. These time periods are delineated by Statute and may not be waived regardless of the circumstances for which the Petitioner is seeking an expungement. It is also important to note that a person may only seek an expungement once in their life. As such, when a party applies for an expungement should be sure that all events which they could get expunged are covered within the petition.
Once an expungement is granted it is as if the criminal charges, the arrest surrounding the charges, and the disposition of the charges never occurred. In fact, pursuant to the expungement statute if a party is ever questioned whether they have been arrested, convicted and/or charged with a crime, they are to respond that they have not. The expungement statute also states that should any party reveal that a person was granted an expungement that this person can be charged with a criminal offense.
There are times, however, when an expungement can be disclosed. If a person is applying for a job as a law enforcement officer or accepting a position of high security within the State or Federal Government, the fact that an expungement was granted can be revealed. Moreover, should a person be convicted of a subsequent offense, the Court can review the expunged record in considering sentencing the person for the present offense. Despite these limited circumstances, however, the effect of the expungement is to erase the event from an individual’s history as though it had never occurred. Once an expungement has been granted any criminal record search will yield no positive results.
In todays day and age there is almost no limit as to the negative effect that a positive criminal record search result could have on a person’s present and/or future career. Fortunately, the expungement process is available to help people to erase a mistake of their past so that it will not effect their future. The range of people that can benefit from an expungement varies from the most remedial of laborers to the highest ranking executives within Fortune 500 companies. Each one of these individuals could have their career devastated by a positive criminal record search result. As such, it is suggested that should an individual have doubts regarding whether an incident may appear on their criminal record, regardless of whether the incident resulted in a conviction, it is suggested that this party have a criminal record search performed. Should this search result yield a positive result, this party can consult with an attorney who may be able to prepare an Expungement Petition on their behalf. Although an Expungement Petition may be filed pro se, it is a technical process and must be done properly, otherwise it will be denied by the Court. At one point in our lives, most people have wished that they could go back in time and make a different decision under the circumstances they were faced with. Fortunately, the expungement statute within the State of New Jersey allows you to go back in time and erase that mistake as though it had never occurred.
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68 Replies to “Expungement”
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If a person was convicted of a felony and children living in the same residence? Which this person had 4 counts of Endangering the Welfare of a Minor along with the Felony Conviction. Is there a Statuatory Time Limit as well for the Endangering the Welfare of a minor? Can a person Expunge there Records all at one time not leaving anything on there record? Especially when there are certain people who learn from their mistakes? Please let me know?
can a person convicted of a felony for drug poss. @ the age of 21 receive an expungment for the felony conv. after 1 year,even with a subsequent conviction of misdemeanor poss. of marijuana
When i got arrested the arresting officer used only my first and last name but not my middle name. I filed a petition for expungment and a hearing date was set. I for got to include my middle name or middle initial since I always use my middle initial everytime i sign a document. Could this be a problem in the future?
There are statutory time limits one must wait to get an expungement and a person can only apply for an expungement once in their life. Also there are limits regarding what can be expunged and the number of offenses that can be expunged.
Can I do an expungement myself? I’ve gotten dispositions for all (3) expungeable offenses, court stamped from their respective municipalities. I meet all criteria. Do I risk anything by attempting the process myself, or should I bite the money bullet and hire a lawyer?
My name is Marcus Walker and I’m an active duty Seabee that should be
returning back to the states hopefully by the end of the year with my
Honorable discharge. I’m presently serving in Baghdad and this is my
second time around since 03. My problem is I want to get involved with
security once I’m back in the states. I have 13 years of experience in
this field. The Government paid for me to go homeland Security College
that I graduated from last year at the top of my class. However, in 1993 I
was charged with Misconduct in Jersey city, NJ. At the time I was a
Correction Officer; someone shot at my vehicle and later I tried to arrest
them. A 50.00 FINE was charged to me but there still was a 4th degree
misdemeanor conviction; that I’m very worried about. I know companies
can scrutinize something like this. I also know that my Honorable
Discharge means nothing to most companies. My question is there anything
approach I can take that you may know of.
It sounds as though you would be eligible for an immediate expungment based upon the facts you relayed. Do you have copies of all the court records and a copy of your discharge from probation? I would be happy to speak with you about this process. Feel free to contact me by email or phone.
Paul W. Norris, Esq.
Stark & Stark, P.C.
P.O. Box 5315
Princeton, N.J. 08543
(609) 895-7332 Office
(609) 896-0629 Fax
PNorris@Stark-Stark.com
I was arrested in 1994 (11 years ago)when I was 21 years old for a shoplifting charge in Paramus NJ. I plead guilty and paid $500 fine. I fell in with the wrong crowd in those days, and didn’t have the wherewithall that I have now orelse this would have never have happened. Am I able to get an expungement? How long does the expungement process take?
I would like to know if this book is only for new jersey, do they have one for each jurisdiction?
I was convicted of theft by deception in 1998.. I deposit a check for a girl I thought was honest.. I paid the fines did 1yr probation and I was in the PTI program I’m trying to go to Nursing School can I get an expungement?
Marcelle,
If you completed PTI in 98 or 99, you would be eligible for an immediate expungement. Contact me at the number below or via email, and I can help erase this mistake for you.
Pau Norris
(609) 895-7332
My son was 16 when he was arrested and charged with possession of marijuana. (The kids in the car had one joint on them.) The juvenile case worker closed the case and dismissed the charges. Can he have his record expunged, and if so, would he still have to report his arrest to the Marines, where he hopes to serve? Thanks
Your son can apply to have his juvenile record expunged. Regardless, his juvenile record will be sealed once he turns 18 and it would not appear on a record search. I would check with his marine recruiter to see if a small juvenile offense like this would hurt him. I seriously doubt that this would affect his admission. If it would, he can certainly apply for an expungment. Otherwise, it is mainly unnecessary.
I was arrested in 1990 when I was 19 on a possession of marijuana (50g or less). I subsequently had the record expunged. I have been activley sought for employment by a large asset management firm but upon reviewing the application they specifically ask about expungements. Is this legal ? What is the chance that an expungement will come up on a background check ?
It is an illegal question. Shame on them! In general, the only time an expungement can be revealed is during sentencing on a criminal charge or if you are applying for a job in law enforcement or the judiciary. Otherwise, the event is deemed not to have occurred. (NJSA 2C:52-27) As such, you should answer “No” to their question. Provided the expungement was performed properly, absolutely nothing will show on the criminal record search. In fact, 2c:52-30 makes it a crime if any person becomes aware of a crime that was expunged and discloses it.
I was arrested for shoplifting once in 2001 and again in 2002. I pled guilty to both counts, and completed my probation as required, and was released from probation in 2004. I would like to know if and when I would be eligible for an expungement.
Sam – Unfortunately, you would not be eligible until 2009, as you are not eligible until 5 years after your discharge from probation.
Is it legal and necessary for local or municipal police departments in NJ to maintain “in-house” juvenile records for offenses which never resulted in court appearances or community service? Is it legal for police departments to share this juvenile information(juvenile incident reports) with other police departments? Is it legal for police departments to share such information with the local school? Is it necessary to file a petition of expungement of juvenile records kept on “in-house” computerized systems? The law states that it must be a separate system. Is there a State enforcement organization to oversee that the adminstrative code is followed? For how long is it legal to maintain this juvenile information on the “in-house” system?
Where do I get the forms for Expungement?
Alex – We do not provide forms, however, I would be happy to handle the process for you.
January 14, 2007
Good Morning:
It is important not to forward my real name due to the sensitive information contained. I am aware of the Stark and Stark establishment and experienced positive results of the Princeton Firm.
I was involved with a less than quality marriage and in 1977 I was arrested, and in 1987 / 88 the charges was expunged. In June 1993 I was again arrested in the same township because I came between my 18 year old son and his drug situation. I attempted to get my son off of drugs and he had me arrested. I was charged and served community service. Furthermore my prior spouse convinced the police to place me into the local hospital for mental observations. In 1995 my prior spouse and I separated and in 1998 a divorce was complete. At this time I am re-married for over five years to a wonderful person and we have experienced over 10 years of an exciting life together.
I am involved with education and instruct in the evening. Included in my present and past eleven year activities are volunteer services to the community I have resided in since 1962, and other positive personal behaviors involving community participation to foster positive growth within the same community. I do not know what my criminal history is; therefore, my question is,
“Can I acquire an accurate criminal history and can my records for the challenging situations of June 1993 be expunged?”
My actions within the community display a positive growth over the past 14 years.
Respectfully,
James Cat
I am 20 yrs. old and i was arrested for shoplifting (under $100 worth of merchandise.) three weeks ago. What are the usual charges or fines that are associated with this charge? And how long will it be before I can apply to get it expunged?
I have several DUI’s from 2000, as well as MANY 2c:29-9’s (fines, FTA’s and support) and think these may be killing me on background checks due to the number involved. Will Expungement help me with these offenses?
I am in the process of applying to law schools. I was arrested in 2000 for possession of an illegal substance, when it was found in a car in which I was riding (not on my person). I paid a fine and had the charges expunged after 6 months. Some of my law school applications ask for disclosure regarding any past charges, even if they’ve been expunged. Do I have to disclose this information, or are the questions illegal since I’m not applying for admission to the bar yet?
James – You can have the state police perform a criminal record search. After you receive the results, you can contact me to see if I can assist you.
Paul Norris
Sherry – If convicted, you would have to wait 5 years before you can get the offense expunged. I suggest you retain counsel to represent you in court, as the attorney may be able to have the charged downgraded. The fines should be around $500, however, it depends on the judge/court.
Paul Norris
Lauren – If the offense was expunged, it is an illegal question to ask if you have had an expungement. Were they expunged or just dismissed after the conditional discharge was completed? There is a big difference.
Paul Norris
Earl – It depends. You may or may not be eligible for an expungement due to the number of criminal offenses you have. I suggest that you have a record check done, and thereafter, you can contact my office regarding eligibility. The NJ state police can help you to get a criminal record check done.
Paul Norris
Cindy – Please call me to discuss “in-house” juvenile records.
Paul Norris
609.896.9060
I was wondering if I was convictd of a trespassing charge at a municipal level. Is that considered a 2 year or 5 year wait to expundge that record.
Peter – If the tresspassing was a 2C charge, it is a 5 year waiting period. If the charge was a township ordinance, it is a 2 year waiting period.
Paul Norris
In 3/00 I resisted arrest while shoplifting.I was very intoxicated and was convicted of robbery.No one was hurt and I tried to push the security guard which led to the robbery charge and conviction.I did no jail time but received house arrest.This happened in the new jersey
The minimum waiting period to expunge an indictable offense is 10 years after the date of discharge from probation or parole.
I’ve recently been arrested and charged with 2c:33-2a(1).It is my first offense ever. what are the fines? I want to plead not guilty.
You should contact an attorney to discuss your representation. If convicted, you will have a criminal record. The fines depend upon what specifically you did.
I was charged with a disorderly persons offense when I was 17 for possession and intoxication of marijuana. I am now 20 years old. Will this show up on a criminal background check if I was a juvenile when it happened?
Ryan,
No, it should not. Juvenile records are sealed unless you are convicted of an offense as an adult and then the court can review your juvenile record for sentencing purposes.
Paul Norris
Paul,
Two years ago, when I was 20, I was involved in an incident at a bar where I was ultimately charged with a felony. Though to this day I deny involvement in the act in question, I entered into Pre-Trial Intervention in order to guarantee no conviction, and had the charges dismissed about four months ago. I am not yet eligible for an expungement, but will do so when eligible in two months. However, I have recently accepted a job (I’ll be graduating in May), and am worried about the background check. Can an employer hold the fact that you entered into PTI against you? Or, conversely, is the fact that no conviction occurred the only relevant factor? I plan on disclosing the incident, but just want to make sure I’m doing the right thing. The job is for a competitive position in finance in New York. Thanks in advance for your advice.
On August 8, 2006 i was caught shoplifitng for $110 worth of merchandise. I was never arrested, nor was the police called. I knew the person luckily and he let me go with a fine. I payed the fine to the company of $150 dollars. I recently applied for a job position, and was denied the opportunity, due to the fact that now it is under my THEFT record, not under a crimincal record. I am in complete shock how this happened.I knew even knew until a week ago. I never faced a judge nor was arrested. How did this happen?? How long do i have to wait for an expungment? I need some direction. I dont know what to do
I am 17 and I was caught with possession of alcohol. I have already been accepted into a college and I hope that they don’t find out about my incident. Since the incident happened after I sent in my application, I was not lying when i said “no” for the question asking if I have ever been convicted of a crime. Is it legal for a college to ask me about this misdemeanor I committed as a juvenile? Also, is it true that my record would be expunged when I turn 18 so that this doesn’t show up in a future background check? One last question, if the college happened to find out; is it legal for them to throw me out?
I went to court for a case, I decided to take the deversion program. However; the box was not checked for expungement. Now I am midway threw probation, and may not be able to aply for expungement because I did not mention it in court. I asked my lawyer at the time but he did not know what I was talking about he just told me the charges would be dismissed. What can I do to be eligble for expungement? Will filing for a motion help with another lawyer?
John – I suggest that you obtain an expungement. I would be happy to handle this for you. The questions that you ask are delicate and this is not the appropriate forum in which to discuss them. If you would like to make an appointment to meet with me, feel free to contact my secretary at the (609)895-7332.
Paul Norris
Sara – I need to know more details, such as the municipality and the state where this occurred. If necessary, you should have a criminal record search done.
Paul Norris
Chris,
Your question about the legality of a college inquiring into your juvenile record is a bit beyond the scope of this blog. Generally, no it is not illegal for the college to inquire about such convictions unless such convictions have been expunged or otherwise handled by the court. Your record will not be expunged when you turn 18, rather it will be sealed. Such records should not appear on a police report. You can have such records expunged and depending on the nature of the conviction, the time period you have to wait varies.
Jason Storipan
Nikki,
By diversion program I assume you are referring to PTI or a conditional discharge. In those instances generally you can apply for expungement six months after completion of the program. To seek expungement, you will have to complete the program, wait the required time period, file a petition, and stay out of trouble. If you wish to do so, you can file the petition with an attorney other than the one you employed to handle your criminal matter.
Jason Storipan
I was arrested shortly after I turned 18 and was charged with aggravated assault. I was walking with 2 other guys and we were intoxicated. Unbeknownst to me (I swear) one of the guys stopped at a gas station to get cigarettes. Me & the other guy kept walking-the next thing we knew, the third guy came running and said run-we did. I didn’t have a clue what he did-it turns out he assaulted the gas station attendant, stole about $80.00 from him and the cigarettes I thought he went to buy. Not knowing what happened and being intoxicated & 18, I ran. We were all charged with aggravated assault. My parents made me take a plea bargain and the charge was downgraded to conspiracy to commit theft for me & the other guy who was innocent. The guilty guy remains in jail today. I was given 3 years probation and released in a little over a year. I’ve never been in any other trouble. I didn’t want to plead guilty, my parents were so afraid I would go to jail they insisted on me taking the plea bargain. Now I am 25 and despite graduating from Chubb Institute, I receive offers of employment and then the background checks have caused the offers to be rescinded. Is there anything that can be done at this time or do I have to wait the 10 year period after probation expired. It took nearly 2 1/2 years after the incident and for the matter to be finalized. If I combine that with the probation time I am looking at 14 additional years past the date of the actual incident. If there is anything you can do to help, I would be interested in retaining you.
I sincerely wish that there was something I could do to make you eligible sooner, however, you are eligible 10 years after discharge from probation or parole if you plead guilty to an indicatable offense. If you entered PTI, it would be a 6 month waiting period after discharge from PTI. Finally, if you plead guilty to a disorderly person’s offense, it would bed a five year waiting period after you paid the fine or completed probation.
I was arrested shortly after I turned 18 and was charged with aggravated assault. I was walking with 2 other guys and we were intoxicated. Unbeknownst to me (I swear) one of the guys stopped at a gas station to get cigarettes. Me & the other guy kept walking-the next thing we knew, the third guy came running and said run-we did. I didn’t have a clue what he did-it turns out he assaulted the gas station attendant, stole about $80.00 from him and the cigarettes I thought he went to buy. Not knowing what happened and being intoxicated & 18, I ran. We were all charged with aggravated assault. My parents made me take a plea bargain and the charge was downgraded to conspiracy to commit theft for me & the other guy who was innocent. The guilty guy remains in jail today. I was given 3 years probation and released in a little over a year. I’ve never been in any other trouble. I didn’t want to plead guilty, my parents were so afraid I would go to jail they insisted on me taking the plea bargain. Now I am 25 and despite graduating from Chubb Institute, I receive offers of employment and then the background checks have caused the offers to be rescinded. Is there anything that can be done at this time or do I have to wait the 10 year period after probation expired. It took nearly 2 1/2 years after the incident and for the matter to be finalized. If I combine that with the probation time I am looking at 14 additional years past the date of the actual incident. If there is anything you can do to help, I would be interested in retaining you.
Hello. I was arrested for shoplifting in 1997. I believe I received a misdemeanor but I am not sure. How do I find out the details of my case? How long does an expungment take? Where are you located? And How much does it cost? Thank you.
Sylvia,
I would suggest that you have a record search done. Thereafter, you can contact me to discuss your eligiblity. Generally, it is 5 years after a conviction for shoplifting. The process takes 2-4 months and runs about $1250 – $1500.
I got my file expunged years ago but want to be sure it is…Is there some type of database where I can check to see if its for sure? I’m about to apply for a job. Any info. is helpful..Thank you
I was convicted of a disorderly persons offense (Shop-lifting under $200) about 4 Years ago. I am applying for a job as a stock broker and they will be doing a background check. Will they find out the charge and should I tell them the truth on the application?
Thank you
When I was 20 years old I was arrested for open alcohol and a small amount of marijuana. My charges were dismissed and my record expunged. Last October at 23 years old, I was arrested with paraphernalia and a small amount of marijuana. I am now in the conditional discharge program. I want to be a teacher in New Jersey. The New Jersey teacher’s license application specifically asks if one was ever arrested for drugs or paraphenalia. Will I be able to get a NJ teacher’s license? Is my discharge be eligible for expungement?
Andres,
You can get a criminal record search done through the New Jersey State Police. I would suggest that you contact the New Jersey State Police and ask them how to obtain same.
Jeff,
Yes, they will discover the conviction for the shoplifting offense. I would suggest that you have a criminal record search done. Depending on the date of the offense, you may or may not be eligible at this time. As soon as you are eligible, you should apply for an expungement. Once you obtain the search results, I suggest you contact me to discuss.
Nancy,
You may only obtain an expungement once in your life. As such, you will not be able to get the conditional discharge expunged. Nonetheless, it will show as a dismissal after you complete the program. Whether or not you may obtain a teacher’s license is a separate area of the law. I would suggest that you contact the State of New Jersey to obtain information on disqualifications to obtain a teacher’s license. They should be able to give you the criteria.
My friend in college recently had his apartment searched by the University police, and they found a substantial amount of marijuana (one ounce) and a substantial amount of drug paraphernalia. The University is not getting the actual police involved and no charges are being pressed, they are just dealing with him with their own judicial process. If this only goes on his student record, will he be required to mention this when applying to law school?
That depends on whether the school officially punishes him or puts him on school probation. If so, he may have to mention it on his law school application if the law school asks this question. Generally, school records are not subject to expungement.
First of all, thank you very much for having this blog and responding to readers’ questions.
I was arrested for shoplifting 2 years ago, in May 2005. The case was downgraded to a Municipal Ordinance of my township in NJ and I had to pay a $500 fine. I paid the fine on the same day when the case was downgraded, in Aug 2005.
i) from the date of the arrest (or)
ii) from the date of the Municipal Ordinance downgrade (which happens to be the same date when I paid the fine)
iii) from the date of Court Disposition which is a week after the payment of fine?
I want to expunge this as soon as possible for job reasons. Your answer whether it can be done in May or only in August would be very helpful.
I’m a US citizen and wanted a visa to visit a country abroad. Their visa application asks about arrest record. Should I be able to say “No” as an answer to this, after the expungement?
Appreciate any help you’d be able to provide. Thank you.
It would be 2 years from the date you plead guilty and paid your fine. If you have all of your paperwork which contains information with regard to the original charge, the downgraded charge, and the fine that was assessed, you should have all the information necessary to process your expungment. Generally, the process takes 2 to 4 months to complete. I would be happy to help you with this. Once it is completed, it is deemed as though the offense did not occur and you may respond accordingly on any document, unless you are applying for a job in law enforcement or the judiciary.
I am a 21 year old student entering the military and have a crimal record from age 15,
7/6/2001 – Receiving/Bringing Into S – Charge Dismissed
5/10/2001 – Theft By Deception – Charge Dismissed
5/02/2001 – Theft By Deception – Received probabtion, 18 months (relased early), Community Service 50 hours (completed), anger management seminar (completed), fingerprinting order, restituion invest on all counts (no one asked for resitution except for one guy, and he got his stuff back)
1/22/2002 – Posession of a weapon OT (same sentencing, same court date)
11/13/2001 – Criminal Mischief – Charged dismissed, JCC
—————-
Since then, I have recieved parking ticket warrants and a warrant for driving without insurance, from which I understand is a misdeamener without moral terpitude from what I read up on.
When applying to the army, I have two ways to go, National Guard and Army. If I go with the National Guard, the FBI does not check my records and I do not know whether or not they ask me if I ever received an expungement, but if I go to the army, the FBI supposely handles the background check.
If my name is removed from the records, I understand I can say the crime never took place, but if they ask if I ever received an expungement, I must state that I did. Is this correct thinking? I may be wrong.
Anyway, I contacted your office and am looking to get my record expunged either way if I am eligible.
I wss arrested last Friday following a three month investigation in which I provided my full cooperation. I was arrested and charged with third degree theft (1 count). I have my first court date scheduled in about a week.It was an idiotic mistake on my part. Anyway, I’m about to receive an offer for a company. The application states “have I been convicted of a felony or plead nolo…. etc” I stated NO. However, will something appear on a criminal background check this early? and since I haven’t been convicted, will they have access to arrests prior to my first court date?
If criminal charges have been filed, they will show up in a criminal record search even if there has yet to be a disposition. As such, if they run your record, they will find out about this charge. It will show what the charges are and will say “Disposition Pending”. Sorry for the bad news.
I pled to a charge of Minor Petty Disorderly Conduct in Upper Saddle River Municipal Court. Is this a two year wait or a five year wait?
I’m 48 years old and work for investment banks. Anything less than a perfect record is unacceptable.
Thanks.
If you plead to the offense of disorderly conduct, it is a five year wait. If you plead to a township ordinance, disorderly conduct, it is a 2 year wait.
I was arrested for a disorderly conduct offense about a year ago, we settled with the prosecuter before the hearing, and let me off with just a ticket.
Now, I would like to get my record clear of my arrest.
How would I go about doing that? and is it true that after a certain amount of time the arrest is automatically cleared (or expunged) from my record anyway?
Thank you so much.
I was just fired from a major security firm as a guard having worked there for almost a year. In 2003 plead guilty to 2C 35:10a and 2C36-2 because I had a trace amount of pot, open bottle and old pipe in my car having been arrested by Rutgers police. (Had older friend in car and had .08) I was 20 and had 1 juvenile arrest for minor amount of pot. My lawyer told me to plead guilty to get my license back sooner. Didn’t help my case he got into a verbal fight with prosecutor. Lost license for more than a year, did IDRC and community service. New lawyers office had told me because it was less than 50 grams (trace), I did not have to tell employers. Think it is a disorderly persons issue, not misdemeaner. New State requirements requiring state training and background check pulled up a criminal record. May not even get unemployment because they said I lied on application “separated for misconduct”. Guess I may not get unemployment either. Is there anything I can do? Do I have to tell employers I have a criminal record? Thank you Matt
My question is what you mean by “getting off with just a ticket”. Was the offense downgraded? Was the offense dismissed with you simply paying a court cost? I cannot tell from your question what you mean by “getting off with just a ticket”. You would be eligible for an expungment, however, that does not automatically occur unless you apply for same. Once you provide me with some additional information, I can better advise you.
Dear Matt:
The first thing I would like to know is whether you were in fact granted a conditional discharge. If this is the case, provided you completed the program, you would be eligible for an immediate expungment. If you did not receive a conditional discharge, you would be eligible for an expungment 5 years from the date you finished paying off the fines and/or completed probation. Once this 5 years has lapsed, you could apply for an expungment to have this record permanently expunged. I cannot respond to your question concerning whether you have to tell employers that you have a criminal record, as it would be a violation of my ethics to do so. I hope this information helps.