Westfield Expungement Lawyer
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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.
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.
However, it should be noted that some offenses are not eligible for expungement in New Jersey. These include criminal homicide, kidnapping, luring or enticing, aggravated sexual assault, aggravated criminal sexual conduct if the victim is a minor, criminal restraint, robbery, arson, child endangerment offenses, perjury, and false swearing.
If you have ever been arrested in Westfield, 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 Westfield 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.
The expungement process can be complicated, even a small mistake on the part of the applicant could prevent the successful clearing of one’s criminal record. Therefore, if you would like to have your criminal record expunged, it is important to consult with an experienced New Jersey expungement attorney who can ensure that the application for expungement is properly completed.
If you would like help removing a past mistake from your record, the law firm of Bramnick, Rodriguez, Grabas, Arnold & Mangan, LLC 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 important that you speak with a Westfield Expungement Lawyer to clear your name.
At Bramnick, Rodriguez, Grabas, Arnold & Mangan, LLC, we regularly represent clients seeking expungements in Westfield, New Jersey. For a free consultation, you can contact us at (908) 322-7000. We can be reached 24 hours a day.