If you have ever been arrested in East Brunswick, New Jersey you will have a criminal record. In New Jersey, the State Police, county prosecutor's offices, superior courts, municipal courts, and municipal police departments all keep records of arrests. These records are searchable. Therefore, if you have been arrested in East Brunswick your present and future employer(s) may be able to uncover your criminal history. This is true even if the charges were ultimately dismissed.
However, an individual who has previously been arrested and satisfies certain criteria pursuant to N.J.S.A. 2C:52-1 et. al. may bring a motion to seal their criminal record. A sealed criminal record is treated as though it does not exist and may only be opened under very limited circumstances; otherwise, it is only retrievable by court order. This process is collectively known as an expungement.
What is an expungement?
Expungement is a legal process used to "clean" a criminal record by isolating the records of any prior arrests or convictions. Records, as defined by N.J.S.A. § 2C:52-1b, include: criminal complaints, warrants, arrests, commitments, processing records, fingerprints, photographs, index cards, "rap sheets" and judicial docket records. Upon successful completion of the expungement process, an ordinary background search will not reveal any offense that was properly expunged from your record.
What are the benefits of getting an expungement?
By isolating evidence of a prior arrest or conviction, your criminal record becomes "clean" or "expunged." A "clean" criminal record is essential to passing a criminal background investigation. In New Jersey, criminal background investigations are performed for numerous reasons including employment applications, firearm licenses, and home loan applications. Thus, obtaining an expungement in New Jersey can be extremely important.
What offenses are NOT eligible for expungement in New Jersey?
- N.J.S.A. 2C:11-1 et seq. (Criminal Homicide), except death by auto as specified in section 2C:11-5.
- N.J.S.A. 2C:13-1 (Kidnapping)
- N.J.S.A. 2C:13-6 (Luring or Enticing)
- N.J.S.A. 2C:14-2 (Aggravated Sexual Assault)
- N.J.S.A. 2C:14-3(a) (Aggravated Criminal Sexual Contact), if the victim is a minor.
- N.J.S.A. 2C:13-2 (Criminal Restraint) or section 2C:13-3 (False Imprisonment)
- N.J.S.A. 2C:15-1 (Robbery)
- N.J.S.A. 2C:17-1 (Arson and Related Offenses)
- N.J.S.A. 2C:24-4(a) (Endangering the welfare of a child by engaging in sexual conduct which would impair or debauch the morals of the child)
- N.J.S.A. 2C:24-4b(4) (Endangering the welfare of a child)
- N.J.S.A. 2C:28-1 (Perjury)
- N.J.S.A. 2C:28-2 (False Swearing) and conspiracies or attempts to commit such crimes.
How we can help:
If you would like help removing a past mistake from your record, the law firm of Bramnick, Rodriguez, Mitterhoff, Grabas & Woodruff can help. Our criminal defense lawyers specialize in defending clients charged with all criminal offenses and know how to navigate the complex process of expungement.
In New Jersey, many prior arrests, convictions and/or violations can be legally removed from your record. Arrests are matters of public record and will often show up on criminal background investigations conducted by employers or creditors in both New Jersey and other states. The results of these investigations may affect personal relationships, employment, financial security and your overall reputation. For these reasons, it is crucial that you speak with an East Brunswick Expungement Lawyer to clear your name.
Free Consultations Available - East Brunswick Expungement Lawyer
At Bramnick, Rodriguez, Mitterhoff, Grabas & Woodruff, we regularly represent clients seeking expungements for offenses arising out of East Brunswick, New Jersey. For a free consultation, you can contact us at 908.322.7000. We can be reached 24 hours a day.