If you or a loved one has an arrest or criminal charge on your record, the Law Offices of Alexander M. Iler can help. The criminal offense, depending on the specific charge, may be subject to an application for expungement in New Jersey. This means that, if you hire an experienced criminal defense lawyer, you can file an application with the court to have the arrest or criminal offense "expunged" or removed from your record entirely. The expungement of these records is essential for employment applications, professional licenses, and admissions into colleges and professional schools.
What is an Expungement?
An expungement is defined in N.J.S.A. 2C:52-1 which states:
§ 2C:52-1. Definition of expungement
a. Except as otherwise provided in this chapter, expungement shall mean the extraction and isolation of all records on file within any court, detention or correctional facility, law enforcement or criminal justice agency concerning a person's detection, apprehension, arrest, detention, trial or disposition of an offense within the criminal justice system.
b. Expunged records shall include complaints, warrants, arrests, commitments, processing records, fingerprints, photographs, index cards, "rap sheets" and judicial docket records.
Therefore, an individual may apply for an expungement to "extract and isolate" any and all records related to an arrest, trial, and disposition (or resolution) of the criminal charge. The records are not destroyed but they are moved to a special location and they will not be accessed during background checks and similar searches.
What types of charges can be expunged?
Most types of offenses can be expunged including:
- Indictable Offenses
- Disorderly Persons Offenses and Petty Disorderly Persons Offenses
- Municipal Ordinances
- Young Drug Offenders
- Arrests Not Resulting in Conviction
However, certain criminal offenses are not subject to expungement including:
- Robbery
- Homicide
- Kidnapping
- Aggravated Sexual Assault
As a result, if you or a loved one has been arrested, convicted, or pled guilty to a criminal charge or municipal ordinance in New Jersey, contact the Law Offices of Alexander M. Iler immediately for a free initial consultation with one of our experienced criminal defense lawyers.
