Somerville Expungement Lawyer
If you have ever been arrested in Somerville, New Jersey you will have a criminal record. In New Jersey, the State Police, County Prosecutor's Office, Superior Courts, Municipal Courts, and Municipal Police Departments all keep records of arrest. These records are searchable. Therefore, if you have been arrested in Somerville, 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 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
- Fingerprints & Photographs
- Processing Records
- Commitments
- "Rap Sheets"
Upon successful completion of the expungement process, an ordinary background search will not reveal any offense that was properly expunged from your record.
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 assist you. Our criminal defense lawyers know who to navigate the complex process of expungement.
Free Consultations Available – Somerville Expungement Lawyer
(908) 322-7000
At Bramnick, Rodriguez, Mitterhoff, Grabas & Woodruff, we regularly represent clients seeking expungements. For a free consultations contact us at (908) 322-7000. We can be reached 24 hours a day.
