NJ Expungements

            New Jersey’s economy lost over 13,500 jobs in the first two months of 2008.  Facing a national recession, experts predict that this loss of jobs in the New Jersey area will continue at least for the next few years. During such lean times, employers receive more and more resumes to fill fewer and fewer job vacancies. The result is a job market where applicants must do everything they possibly can in order to stand out from the herd.
           
For applicants who have New Jersey criminal records however, this goal may be two-fold. On one hand how to stand out, and on another, how to fit in.
In today’s market, any criminal blemish on your record can absolutely torpedo your chances of getting the job you want or keeping the job you have. Even if you are already employed, many employers conduct random criminal background checks. Similarly, if you hold a professional license such as a nursing license, C.P.A. or even a M.D., your governing licensing body can, and will, continue to monitor your criminal record.
            While you cannot change the past, you can take immediate action to clear the criminal blemishes from your record.
In most cases, the best way to achieve this is to obtain a New Jersey expungement.  In New Jersey, if you have ever been charged with, arrested for, or convicted of a crime, you may be entitled to have the criminal records of that incident virtually erased by obtaining an expungement.
            A New Jersey expungement is “
the extraction and isolation of all records … concerning a person's detection, apprehension, arrest, detention, trial or disposition of an offense within the criminal justice system” (N.J.S.A. 2C:52-1). In other words, all records of any New Jersey arrest or conviction of a criminal matter that you have ever been involved in, either as a juvenile or as an adult, can be made as though it never existed through an expungement.
           
Like many people, you might assume that your juvenile record is simply off limits from employers. Unfortunately, this is not always the case. In New Jersey, your Record of Arrest and Prosecution (RAP sheet) contains every arrest, charge, and conviction you have ever had in the state. While all juvenile items will be marked as “juvenile” on your RAP sheet, sometimes the mere appearance of such an entry may give an employer second thought about hiring you. Consequently, if you have any kind of juvenile record, you should seek to have it expunged in New Jersey.
            Similarly, your New Jersey criminal record will certainly contain adult criminal history.  You may be eligible to have such adult criminal history expunged in New Jersey. This applies to New Jersey arrests and convictions for indictable charges [felonies]
(N.J.S.A. 2C:52-2), disorderly persons charges, [misdemeanors] (N.J.S.A. 2C:52-3), and city or town ordinances.
            Typically, the most common New Jersey criminal charges that individuals seek to have expunged are assault
(N.J.S.A. 2C:12-1), shoplifting (N.J.S.A. 2C:20-11), theft (N.J.S.A. 2C:20-1), burglary (N.J.S.A. 2C:18-2), minor drug charges (N.J.S.A. 2C:35 -10), and disorderly persons offenses (N.J.S.A. 2C:52-3).
            After obtaining a New Jersey expungement, you will be lawfully entitled to answer “no” when asked by an employer if you have ever been "arrested or convicted of a crime."
            
            Obtaining a New Jersey expungement is not simple, nor is it guaranteed. There are various procedural hurdles to overcome and highly detailed forms that need to be submitted in order for your New Jersey expungement petition to be granted. Strict guidelines also apply to the timing of obtaining a New Jersey expungement.     
            If you have been convicted of a New Jersey indictable offense [felony], you must wait ten years plus your probationary term before obtaining a New Jersey expungement (N.J.S.A. 2C:52-2). If you have been convicted of a New Jersey disorderly persons offense [misdemeanor], the waiting period is reduced to five years  (N.J.S.A. 2C:52-3) plus your probationary term before obtaining a New Jersey expungement. For New Jersey arrests that did not result in conviction, no waiting period generally applies to obtain a New Jersey expungement of the arrest records.
            In some situations, a New Jersey expungement may not be possible. In others, a New Jersey expungement may be available to you but requires sophisticated planning.
Before attempting to navigate this legal labyrinth on your own, it is vital to obtain the assistance of an experienced New Jersey expungement attorney. The Law Offices of Thomas Carroll Blauvelt, LLC is such an experienced New Jersey expungement attorney who can advise you about the need, availability and steps required for you to obtain a New Jersey expungement.
           
The retention of legal counsel is needed not only to meet the procedural requirements of obtaining a New Jersey expungement, but it is also necessary in order to defend you against the prosecution. In New Jersey, every county prosecutor’s office has a unit specifically assigned to assert all possible legal arguments against individuals who seek to expunge their New Jersey criminal records. The Law Offices of Thomas Carroll Blauvelt, LLC are experienced criminal defense attorneys who are seasoned in negotiating with the county prosecutor’s office as well as presenting your case to a judge for you to obtain a New Jersey expungement as quickly as possible.