NJ Records After Expungement

| by Max Soni

Last Updated on: 24th September 2023, 10:16 pm

 

NJ Records After Expungement

In New Jersey, expungement allows for the removal of eligible criminal records through a court process. While expungement offers a critical path to avoid lifelong stigma, it does not erase the record completely.

This article examines what happens to New Jersey records after expungement. We’ll cover what expungement does, limitations that remain, who still has access, and strategies for dealing with expunged records. Understanding exactly how expungement works is key to getting the maximum benefit.

Expungement Process in New Jersey

New Jersey expungements go through the following general process^[1]:

1. File petition after eligibility period
2. Prosecutor is served and can object
3. Court hears petition and enters expungement order
4. Records removed from public databases
5. Agencies, courts, and police notified to isolate records

After entry of the order, the records are supposed to be shielded from public access.

Effect of Expungement on Criminal Records

What happens after expungement? In general^[2]:

• Records isolated from public access databases
• No need to disclose crime when asked
• Can answer “no” about convictions on most applications
• Arrests and charges should not appear on background checks

However, there are exceptions where disclosure may still be required.

Government Agency Access After Expungement

Certain government agencies can still access expunged records in New Jersey^[3]:

• Law enforcement agencies like prosecutors and police
• Department of Corrections if on parole or probation
• Courts when setting bail or sentencing
• State licensing agencies like DCF
• Federal agencies like FBI background checks

So while isolated from the general public, expunged records remain available to officials.

Private Company Access After Expungement

Private entities may still retain expunged records they previously obtained. For example^[4]:

• News outlets maintaining public record archives
• Data brokers with prior background check reports
• Former employers retaining personnel files

There is no mandate to delete records already in a company’s possession before expungement.

Reinstatement for Subsequent Offenses

If convicted of a new offense after expungement, prior expunged records may be reinstated. The court can^[5]:

• Consider reinstated records when imposing sentence
• Revoke special probationary sentences or programs
• Increase penalties imposed

However, reinstatement is not automatic. The prosecution must apply to the court to have expunged records restored.

Strategies for Dealing with Expunged Records

Steps to manage expunged records include^[6]:

• Obtain certified expungement order copies
• Run updated background checks periodically
• Consult attorney if records still appear in public
• File appeals or complaints against non-compliant agencies

Documenting compliance and persisting with agencies can help enforce expungement protections.

Seeking Pardons After Expungement

Those with expunged records may also seek pardons to further limit collateral consequences. A pardon:

• May provide relief not available through expungement alone
• Can ease immigration consequences of a conviction
• Helps demonstrate full rehabilitation

However, pardons are difficult to obtain in New Jersey and require a separate application process.

Key Takeaways

While expungement offers critical protection, it has limits in New Jersey. Consulting with an attorney is essential to understand exactly what records still remain available after expungement.

Do not assume an expungement completely erases or deletes the record. Additional strategies may be needed to manage expunged records when applying for jobs, licenses, housing, and other needs.

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¹
https://www.njcourts.gov/self-help/expunge-record [return]
²
https://www.findlaw.com/criminal/expungement/expungement-basics.html [return]
³
https://www.americanprogress.org/article/expunging-clearing-criminal-records/ [return]
⁴
https://www.collinsbonner.com/blog/what-are-the-limitations-of-an-expungement-in-new-jersey/ [return]
⁵
https://www.judiciary.state.nj.us/prose/10557_expunge_kit.pdf [return]
⁶
https://rosenblumlaw.com/our-services/expungements-in-new-jersey/expungement-guide/ [return] https://www.nj.gov/governor/news/news/562018/approved/20181108b.shtml [return]