New Jersey Section 2C:52-27 – Effect of expungement
Contents
New Jersey’s Expungement Law: Clearing Your Record
For those with a criminal record in New Jersey, having that record expunged can provide a fresh start and open up new opportunities. New Jersey statute 2C:52-27 outlines the effect of an expungement order – what it means for your record to be expunged. This article will explain the expungement process in New Jersey and what you can expect if your petition is granted.
What is Expungement?
Expungement is the process of having certain criminal records separated from general public access. While expunged records are not completely erased, they become inaccessible to most people.
To have your record expunged in New Jersey, you must file a Petition for Expungement in Superior Court in the county where you were arrested or prosecuted. A judge will then decide whether you are eligible and whether expungement should be granted.
You must meet certain eligibility requirements outlined in New Jersey statute 2C:52-2. Requirements relate to the type of offense, time elapsed since conviction, and limits on the number of convictions.
If the judge grants your expungement petition, it means your criminal records will be isolated and unavailable to the public. It does not mean the records are deleted.
Effect of Expungement Per 2C:52-27
According to N.J. statute 2C:52-27, an expunged New Jersey criminal record is deemed not to have occurred, with some exceptions:
- You must still disclose expunged records if applying for employment with law enforcement, the courts, or corrections.
- You must disclose expunged records of prior charges if applying for diversion programs or probation again.
- Expunged records can still be considered if applying for diversion programs for new charges.
Aside from those exceptions, if your record is expunged under New Jersey law, you may answer questions about your record as if it never happened.
For example, on job or housing applications, you can check “no” for questions like “Have you ever been convicted of a crime?”
Benefits of Expungement
The biggest benefit of having your record expunged is that it will no longer show up on most criminal background checks in New Jersey.
Landlords, employers, schools, volunteer organizations – most will not see your expunged criminal record. Your charges will not appear in public record searches or databases.
This gives you a clean slate and removes a major barrier to jobs, housing, education, and other opportunities. An expungement allows you to move forward in life without the stigma of a criminal record.
The Expungement Process
To have your record expunged in New Jersey, you must go through the following steps:
- Obtain your criminal records. Get your records from the courts, police stations, and any agencies involved. This includes indictments, dispositions, judgments of conviction, etc.
- File a Petition for Expungement. Fill out the petition and related forms and file them with the Superior Court in the county where you were arrested/prosecuted.
- Distribute copies. Mail copies of the filed petition to the required government agencies like the Attorney General, State Police, and County Prosecutor.
- Attend your court hearing. The judge will make a decision on your petition for expungement at the hearing.
- Serve the Expungement Order. If approved, serve copies of the signed Expungement Order to the required agencies.
- Confirm record removal. Make sure agencies remove your records in compliance with the Expungement Order.
The process takes around 6 months from start to finish. Hiring an experienced New Jersey expungement attorney is highly recommended to handle the required procedures.
Finding an Expungement Attorney
Trying to file for expungement on your own can be complicated and risky. The smallest mistake could lead to denial.
An expungement lawyer in New Jersey knows the process inside-out. They can review your eligibility, file the petition and forms accurately, represent you at the hearing, and ensure proper compliance with the Expungement Order.
Take the time to find an attorney experienced in New Jersey expungements specifically. They should be able to assess your situation and odds of approval. Many also offer free consultations.