A clean criminal record is of utmost importance which often ascertains the chances of getting a job. Expungements help an applicant avoid the unpleasant consequences of past situations. An expungement basically means the removal and isolation of all records on file within any court, detention or correctional facility, law enforcement, criminal justice agency, or juvenile justice agency concerning a person’s apprehension, arrest, detention, trial, or disposition of an offense within the criminal or juvenile justice system.
Why Hire an Expungement Lawyer?
A person, if arrested, charged, or convicted of a crime, may have to face a series of negative implications in his life, especially during buying or renting a home, getting a job, or getting a loan. Expungement (or, in New York, record sealing) gives such a person a second chance at life. Without a competent expungement lawyer in your corner, you run the risk of misfiling certain documents, filling them out correctly, and, ultimately, losing your chance at a clean slate.
How Expungement Works in New Jersey
In short, if an expungement is granted, then the adult arrest, the record of law enforcement taking a person into custody as a juvenile, conviction, adjudication of delinquency, disposition, and any related proceedings are deemed to not have occurred. The New Jersey expungement law has stated the criteria for eligibility for an expungement. If one fits the eligibility criteria for an expungement then he/she needs to file a Petition for Expungement at the Superior Court of the county where the arrest or prosecution took place. A judge decides if the petitioner is granted an Expungement Order or not.
How Expungement Works in New York
Expungement and record sealing are different terms, even though they may seem to be the same. Expungement means erasing a record, whereas sealing only closes the document. Thus, the sealing of a document can be reversed or temporarily re-opened by a court. In New York, expungement is not available, but record sealing is.
In New York, offenders who were at least 16 years old but under 19 years old when they committed a crime may be eligible for automatic record sealing once their cases are settled. However, the sealed document may be available to the institution where the person was committed, the parole office, the probation department, and the state registry of orders of protection If a person’s case is settled in his/her favor through acquittal, outright dismissal, dismissal after adjournments in contemplation of dismissal, declined prosecution, or nolle prosequi, then he/she is eligible for sealing his/her records. In this case, the photos, copies, fingerprints, and other proofs are destroyed in a complete sealing.
Non-criminal offenders, like a person convicted for disorderly behavior, are also eligible for automatic sealing of documents. In misdemeanor or felony cases that involve traffic infractions or violations, a partial seal can be applied. This means fingerprints and photographs are sealed, but the file is still a public record.
Certain crimes, such as loitering with intention to engage in deviant sexual activity, prostitution, driving while impaired, or where a court order is in place to prevent the sealing or a violent crime; are not eligible for sealing.
If a person wants to seal his/her record, he/she must file a motion with the court. If the court approves the petition for sealing the documents, only then all the records will be sealed. If the court challenges the petition for sealing the documents, then he/she may have to provide additional information and proof for sealing off the records.
Contact an Expungement Lawyer Today
If you’re looking to start anew and believe you may be eligible for expungement or having your record sealed in New York or New Jersey, simply contact the Law Offices of Aditya Surti, LLC today. We are here to help you through each step of the process ahead.
