State records related to criminal activity and law enforcement efforts can affect people’s lives in profound ways. Landlords, employers and even educational institutions perform background checks that look for criminal records.
In some cases, people may lose out on key opportunities because they have negative records that show up during a criminal background check. Convictions, criminal charges and even arrests can show up during a background check.
Expungement is a legal process in New Jersey that allows people to remove negative records, potentially allowing them to pass background checks in the future without complications. What types of records can people expunge in New Jersey?
New Jersey has thorough rules
The expungement statutes and Clean Slate law in New Jersey offer many people who have previously faced arrest or prosecution an opportunity to clear their records. Records of arrests that did not lead to charges and unsuccessful criminal prosecution are often eligible for expungement.
People can also expunge records of criminal convictions, including misdemeanor offenses and more serious felony crimes. There are waiting periods that apply, and people typically need to avoid subsequent criminal charges.
There are a handful of types of charges and convictions that may not be eligible for expungement. These include homicide, kidnapping and sexual assault, as well as specific, especially serious, drug offenses. Those who have made positive changes in their lives since a prior brush with the criminal justice system can potentially improve their circumstances by working with an attorney to seal or expunge their records.
Understanding when expungement is an option can help people decide if they want to pursue legal action to seal prior criminal records. A conversation with an expungement attorney can help people determine if they may qualify for an expungement.