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How Expungement Improves Employment Opportunities in New Jersey

March 21, 2024 Uncategorized

How Expungement Opens Up Jobs in NJ

Getting a job with a criminal record can be tough. Many employers shy away from applicants with records, worried about liability or judging someone’s past too harshly. But in New Jersey, one legal tool can help – expungement. Let’s take a look at how clearing or sealing a record of old charges can open up career options that may have seemed off-limits before.

What is Expungement?

Expungement is the process of having old criminal records cleared from public view New Jersey Courts Expungement Information. It’s a way to give people a clean slate regarding past minor offenses, arrests without conviction, convictions where probation was successfully completed, and certain convictions after 10 years.

An expunged record still exists in the court system archives, but it is marked ‘expunged’ and removed from databases employers commonly check. It also means the offense doesn’t need to be reported on most job or license applications.

Who Qualifies for Record Expungement?

In New Jersey, you may qualify for expungement if:

  • You were arrested but not convicted.
  • You were convicted of a minor offense and completed probation over 5 years ago NJ Expungement Law.
  • You have stayed conviction-free for 10 years after more serious convictions NJ Rehabilitated Convictions Law.
  • You were convicted under age 21 and it’s been 5 conviction-free years – this applies even for some indictable offenses NJ Expungement Eligibility
  • You were convicted of up to 3 disorderly persons offenses, petty disorderly offenses, or municipal ordinance violations on different dates.

So even if your record isn’t perfectly clean, there’s a good chance you could still qualify if the offenses were relatively minor and some time has passed.

Why Get an Expungement?

For many people, the biggest motivation to clear their record is to open up job opportunities. Employers often use background checks to screen applicants, immediately rejecting any candidate with a criminal history.

In fact, over 90% of employers do criminal background checks today SHRM Background Check Statistics. And having just about any conviction on your record cuts your callback chances in half Demos Expungement Benefits Study. That closes a lot of doors.

With an expunged record, your history of charges or convictions won’t show up on the routine checks employers do. You can apply for most jobs without having to explain or make excuses about past mistakes. It gives you a fairer chance to be evaluated on your qualifications rather than dismissed due to old offenses.

Other Benefits Beyond Jobs

While employment is the main reason most people pursue expungement, clearing your record also helps in other areas of life:

  • Housing – Landlords often check applicants and may reject you if they see a criminal history. Expungement removes this barrier.
  • Loans & Education – Past charges can make getting approved for loans or college admission tougher. An expunged record fixes this.
  • Stigma Relief – Simply knowing your old offenses are sealed and less likely to be discovered can lift a huge weight. You don’t have to live in fear of the past resurfacing.
  • Travel – Some countries bar entry for people with convictions. Expungement may allow you to take trips abroad that would have been denied otherwise.

So in many respects, sealing your criminal record allows you to fully put the past behind you and removes barriers to living a normal life.

How Does the New Jersey Expungement Process Work?

Now that you know the major benefits let’s look at how to actually get an expungement in New Jersey. The process has a few key steps:

1. Determine If You’re Eligible

Not all offenses qualify for expungement, so confirming your eligibility is the vital first step. If you’re unsure, most county courts offer expungement seminars and legal advice to review your specific situation NJ Expungement Seminars by County.

You can also consult with an expungement lawyer who can examine your record and confirm if and when you’ll qualify. They can also handle the whole expungement petition process for you if desired.

2. Obtain Your Criminal Record

To prepare your expungement petition, you or your lawyer will need a full copy of your criminal record from the State Bureau of Identification. This report lays out all past charges.

The record costs $15 to obtain and is essential to prove to the court precisely what you want expunged New Jersey State Bureau of Identification.

3. Prepare and File the Petition

The expungement petition lists out every offense you seek to clear, along with a statement on why expungement should be granted. This petition gets filed with the Superior Court in the county each offense occurred.

If you have offenses in multiple counties, separate petitions must get filed in each location. The courts charge a filing fee of $150 to $250 for each petition.

4. Attend the Hearing

The court sets a hearing date a few weeks after the petition is filed. You’ll have to attend this short hearing and state your reasons for wanting expungement to the judge.

In most cases for minor offenses, approval gets granted if you qualify based on time elapsed and record since the convictions. But the judge does have the final say.

‌5. Distribute Finalized Orders

Once approved, the court sends Expungement Orders to all the relevant law enforcement agencies like the State Police, Attorney General’s Office, and correctional facilities. This serves to remove the offenses from records.

You also must distribute copies yourself to local police departments, municipal courts etc. It’s essential to notify all agencies that may still have your history on file.

And with that, you can finally put the past behind you and have old records cleared from background checks!

Expungement Gives People a Second Chance

For those who made mistakes years ago but have moved on responsibly since then, expungement represents a vital clean slate and chance to restart careers and lives. It lifts barriers to jobs, loans, travel and peace of mind.

Over 104,000 expungements got granted in NJ between 2017-2019 NJ Courts Expungement Statistics. And the bipartisan Clean Slate Act seeks to streamline this record clearing even further so rehabilitated people can fully reintegrate American Bar Association Clean Slate Act Summary.

For anyone with a past conviction still haunting them, exploring New Jersey expungement options could be a game-changer. You may find doors open that you assumed would stay closed forever. It’s a chance to rewrite your future for the better.

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Todd Spodek

Founding Partner

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RALPH P. FRANCHO, JR

Associate

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JEREMY FEIGENBAUM

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ELIZABETH GARVEY

Associate

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CLAIRE BANKS

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RAJESH BARUA

Of-Counsel

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CHAD LEWIN

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