Expungement of Criminal Records

Expungement is a procedure created by statute, to allow certain one-time offenders to effectively erase their criminal records. Expungement of a record means that an interrogation, detention, arrest, acquittal or conviction may be “deemed not to have occurred, and the [person] may answer any questions relating to their occurrence accordingly.

The law makes clear that its primary objective is “providing relief to the one-time offender who has led a life of rectitude and disassociated himself from unlawful activity,,,” Repeat offenders need not apply. An exception could be made for about two disorderly person’s or petty disorderly person’s offenses arising subsequent to the record to be expunged. These cases will often require an physical appearance before a judge.

Records that may be expunged include complaints, warrants, arrests, commitments, processing records, fingerprints, photographs, index cards, “rap sheets” and judicial docket records. The court’s Order of Expungement applies to every court, detention or correctional facility, law enforcement or criminal justice agency within NJ’s criminal justice system. Expungements don’t apply to either arrests or convictions for motor vehicle offenses, including DWI, since they are see to arise under the Motor Vehicle Code, not in the Criminal Code.

There are many reasons to expunge a criminal record. The most common are employment-related. More and more employers are ordering criminal background checks on new, and existing, employees. Immigration and travel concerns prompt other people to seek expungement. They are concerned that their criminal records, however old or insignificant, may be a problem at some point during immigration or during international travel. Some people seek an expungement just for closure of an embarrassing event. Kestenbaum Law Group is a criminal defense law firm in Los Angeles, CA. will always be willing to offer you assistance in matters relating to Expungement



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