New Jersey Expungement FAQ?
What is the Definition of an Expungement?
An 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 detention, apprehension, arrest, trial or disposition of any offense within the criminal justice system.
What is the Purpose of an Expungement?
Expungement statute’s “Laws” purpose is to give a person who has either one or a very limited amount of convictions who has changed his or her life a second chance.
Purpose of expungement statute is also to provide relief to the offender and allow him or her to carry on as if the criminal proceedings had never occurred.
The expungement statute’s also allow the offender to remove records of arrests or prosecutions whereby there was no conviction.
What is the Effect of an Expungement?
Unless otherwise provided by law, if an order of expungement is granted, the arrest, conviction and any proceedings related thereto shall be deemed not to have occurred, and the petitioner may answer any questions relating to their occurrence accordingly, except as follows:
- The fact of an expungement, sealing or similar relief shall be disclosed as provided in section 2C:52-8b.
- The fact of an expungement of prior charges which were dismissed because of the person’s acceptance into and successful completion of a supervisory treatment or other diversion program accepting said person into a supervisory treatment or other diversion program for subsequent criminal charges;
- Information divulged on expunged records shall be revealed by a petitioner seeking employment within the judiciary branch or with a law enforcement or correctional agency and such information shall continue to provide a disability as otherwise provided by law. – Expungement FAQ -