If you have ever been arrested in Madison, 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 Madison, present and future employers 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, 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 are the benefits of getting an expungement?
By isolating evidence of a prior arrest of 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?
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N.J.S.A. 2C: 11-1 et seq.(Criminal Homicide) |
N.J.S.A. 2C: 15-1 (Robbery) |
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N.J.S.A. 2C:13-1 (Kidnapping) |
N.J.S.A. 2C: 17-1 (Arson and Related Offenses) |
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N.J.S.A. 2C:13-6 (Luring or Enticing) |
N.J.S.A. 2C:24-4(a) (Endangering the welfare of a child by engaging in sexual contact which would impair or debauch the morals of the child) |
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N.J.S.A. 2C: 14-2 (Aggravated Sexual Assault) |
N.J.S.A. 2C:24-4b(4) (Endangering the welfare of a child) |
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N.J.S.A. 2C:14-3(a) (Aggravated Criminal Sexual Contact), if the victim is a minor |
N.J.S.A. 2C:28-1 (Perjury) |
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N.J.S.A. 2C:13-2 (Criminal Restraint) or section 2C:13-3 (False Imprisonment) |
N.J.S.A. 2C:28-2(False Swearing) and conspiracies or attempts to commit such crimes. |
If you would like help removing a past mistake from your record, the law firm of Bramnick, Rodriguez, Mitterhoff, Grabas & Woodruff may be able to help you. Our criminal defense lawyers know who to navigate the complex process of expungement.
Free Consultations Available - Madison Expungement Lawyer
(908) 322-7000
At Bramnick, Rodriguez, Mitterhoff, Grabas & Woodruff, we regularly represent clients seeking expungements in Madison and throughout New Jersey. For a free initial consultation, contact us at (908) 322-7000. We can be reached 24 hours a day.
