Criminal Defense Lawyers

Understanding the Effect of an Expungement on Background Checks in New Jersey

Understanding the Effect of an Expungement on Background Checks in New Jersey

Getting an expungement in New Jersey can be a confusing process. Many people wonder—will this actually help clear my record when an employer does a background check? The short answer is, it depends. An expungement does not completely erase your criminal record. But it can help it show up less often in future background checks. Let’s break down exactly how expungements work in NJ and what they do and don’t cover.

What is an Expungement?

First, what exactly is an expungement? It’s a court order that seals your criminal record from public view. Your arrests, convictions, and charges still exist in the court system and law enforcement databases. But an expungement means they won’t automatically show up in things like employment background checks or credit reports.

The goal is to give people a true second chance after making past mistakes. An expungement lets you legally answer “no” when asked if you have a criminal record. There are still some exceptions where your sealed record could be accessed. But in general, an expungement makes it like your offense never happened in the eyes of potential employers, landlords, or loan officers.

What Types of Records Can Be Expunged in New Jersey?

New Jersey allows expungements for most types of crimes, with a few exceptions like serious violent offenses. You generally need to wait 10 years after completing your sentence to apply. The exact wait times and process depend on whether your charges were dismissed, you pled guilty, or other factors. Our detailed NJ expungement eligibility guide covers all the specifics.

The most common qualifying cases for expungements include:

• Most disorderly persons offenses
• Most municipal ordinance violations
• Most petty disorderly persons offenses
• Most third or fourth degree indictable offenses

Again, there are certain disqualifiers like murder, aggravated sexual assault, and other serious first degree crimes. Talk to an experienced New Jersey expungement lawyer to understand if your specific charges can be sealed.

Do Expunged Records Show Up on Background Checks?

This is the big question most people have about expungements. Will my offense still show up when an employer does a criminal background check?

The answer is—probably not, but there are no guarantees. An expungement directs the court system and law enforcement agencies to take reasonable measures to seal your record from public access. Things like the NJ State Police criminal background checks should not reveal your expunged charges.

However, some private background check companies still access and report sealed records. It depends on their data sources and how frequently they update them. Large national background check companies that compile records from multiple states tend to be less reliable about honoring New Jersey expungements. On the other hand, smaller local companies that only search NJ records are more likely to follow expungement orders.

The types of background checks employers order also matter:

• Basic criminal record searches: These usually just check the NJ State Police database and should miss expunged cases.
• FBI background checks: Expunged charges may still appear on FBI checks in some cases, depending on the FBI’s current policies.
• Civil record searches: Expungements only seal criminal records. Any related civil judgments will still be visible.

In summary—an expungement reduces the chances your record appears in a routine employment background check. But you can’t guarantee an expunged case will never surface, especially with more in-depth FBI-level screening.

Clearing Your Name with Certificates of Rehabilitation

What if you still worry about your expunged offense harming your reputation or job chances? New Jersey offers an extra layer of protection with certificates of rehabilitation.

These are official court orders declaring you have been rehabilitated after your conviction. They verify you have kept a clean record for the past 10+ years. Certificates make it illegal for most employers to use your past offense as grounds to deny you a job.

Think of certificates as an added shield on top of your expungement. They don’t seal any additional records. But they prevent companies from judging you based on charges they do uncover. For sensitive fields like teaching, nursing, government, and others, a certificate of rehabilitation can provide vital assurance.

When Do You Still Have to Disclose Expunged Offenses?

While an expungement lets you treat your record as if the offense never occurred, there are a few exceptions:

• Applying for government and law enforcement jobs: Agencies like the FBI, CIA, police departments, and others still require disclosing expunged charges. An expungement keeps your record sealed from the general public, but not always from the government itself.
• Seeking jobs related to public safety and security: School bus drivers, airport employees, bank tellers, and other roles involving public trust often ask about expunged cases. They argue the public’s safety outweighs your privacy rights. However, a certificate of rehabilitation can still prohibit them from denying you a job.
• Trying to purchase a firearm: Federal gun laws require disclosing any expunged mental health commitments or domestic violence restraining orders. Other expunged charges do not need to be reported when buying a gun. State laws may impose additional restrictions.
• Immigration applications: Immigration officials can still access many expunged records when applying for visas or citizenship. An exception is simple marijuana possession charges, which normally do not impact immigration status.

Outside of these specific situations, you can legally answer “no” when asked about previous arrests or convictions. An expungement clears your record for everyday purposes like finding a job, renting an apartment, or taking out a loan.

The Bottom Line on Expungements and Background Checks

There is no way to guarantee an expunged criminal record will never get discovered. But an expungement still gives you the best shot at wiping your slate clean and avoiding background check fails. Always pair your expungement with a certificate of rehabilitation for maximum protection.

While flaws exist, expungements still help thousands restore their reputations each year. Over 95% of New Jersey employers do respect properly sealed records. As background check laws and technology keep evolving, expungements should only get more reliable over time.

Clearing your criminal record is not easy or perfect. But with the right legal guidance, you can still rewrite your future and move on from past mistakes. Life gives few real second chances—so be sure to make the most of yours if you get it.

I hope this overview helped explain exactly how expungements work in New Jersey. Let me know if you have any other questions!