Everything You Need to Know about Expunging Mental Health Records in New Jersey
Explanation of the Requirements, Process, and Impact of Mental Health Expungements in NJ
From mental health to criminal records, there are things people would like to forget, and would like others to forget as well, and an expungement allows that. But do you need a mental health expungement? If you are hoping to become a legal gun owner in New Jersey, this is a vital step in the right direction. And how do you go about getting one? Knowing what to do, what the expect, and how to ensure the greatest chance of success when seeking a mental health records expungement is vital if you want to close this chapter and start fresh on your journey toward legal gun ownership in New Jersey. If you require assistance with getting a mental health expungement, a top New Jersey gun rights lawyer at The Tormey Law Firm is fully equipped to assist you. Our team of attorneys has literally handled thousands of successful expungements to remove mental health records that would otherwise prevent our clients from obtaining the gun permits and the Second Amendment Rights they seek. To speak with a member of our team about your mental health expungement eligibility and how we can help you navigate the process to reach the best possible result, contact us 24/7 at (201)-556-1570 for a free consultation.
What does a Mental Health Expungement Do in New Jersey?
A mental health expungement removes records of voluntary or involuntary commitments to mental health institutions, hospitals, or other facilities that provide mental health care, as well as any court determinations of dangerousness or incapacitation. When an individual is committed, whether through their own choice or a court order, the facility to which they are committed is required to notify the county adjustor of the admission. This notification results in the creation of a court record of the admission.
In order to request and be granted a mental health expungement, the individual must be able to show they have recovered, have substantially improved, or are in substantial remission from the mental health condition that resulted in their admission. The expungement removes the court records created by these admissions. However, other mental health records still exist, such as mental health consultations, observations, diagnoses, and treatments the individual may have received.
When seeking a mental health expungement in New Jersey, individuals are highly advised to consult with a lawyer to ensure that they understand the circumstances under which they must divulge the expunged records.
NJ Statute Authorizing Expungement of Mental Health Records
New Jersey Section 30:4-80.8 governs mental health expungements. It states that any individual who has been, or shall be, committed to an institution or facility that provides mental health services, has been determined to be a danger to themselves, others, or property, or determined to be incapacitated individual either by court order or voluntary admission, and who was, or will be, released as recovered, or who is subsequent to discharge or determination, is substantially improved or in substantial remission, may apply for a mental health expungement. It goes on to state that the individual can apply to the court which made the commitment or to the Superior Court by verified petition which outlines the facts and pray for the relief provided by this act.
This means that individuals can petition to have the following removed from their mental health record: voluntary and involuntary commitments; determinations of dangerousness; and incapacitation. The law does not indicate that the request is certain to be granted, nor does it indicate the circumstances under which the individual can legally deny their mental health record. For example, it does not state whether they can deny their New Jersey mental health record in another state or in another country.
Voluntary and Involuntary Commitments Must be Expunged under Updated New Jersey Law
One important thing to note about the law is that individuals who were voluntarily committed must get an expungement if they wish to exercise their Second Amendment rights. Before the laws changed, individuals could get a note from their doctor stating that they were safe to handle firearms despite previous voluntary commitments, but this is no longer an option. If you are seeking to exercise your right to own a firearm and have concerns about getting an expungement, a New Jersey Firearms Rights attorney at our firm can answer all of your questions, address your concerns, and skillfully handle the complex mental health expungement procedures on your behalf.
Requesting a Mental Health Expungement in New Jersey
A mental health expungement does not have the same clear requirements as a criminal record expungement. This can make it more complicated and confusing to clear mental health records.
Application to Expunge Mental Health Records
There is no specific time frame to apply for a mental health expungement. The individual must apply to the New Jersey county where the mental health facility is located to request the court expunge the records of their voluntary or involuntary commitment. Additionally, the applicant must notify the court, the county adjustor’s office, the prosecutor’s office, and the mental health institution where they were committed. This means that if the individual was committed in more than one county in New Jersey, they may need to submit multiple applications and contact multiple offices. If there is more than one commitment in the same county, they must specify that they seek expungement for each commitment.
What New Jersey Judges Consider in Mental Health Expungement Cases
The court will consider many factors in determining whether to expunge the applicant’s mental health records, including information about the applicant’s reputation in the community where they live, any history of mental health conditions (commitments in other facilities, treatments for mental health that did not include commitment, diagnoses made by mental health professionals, etc.); any criminal history in New Jersey or anywhere else (including juvenile records); and the underlying circumstances that led to the mental health commitment to begin with.
Necessary Findings to Expunge Mental Health Records
While many factors are considered in determining whether to expunge an individual’s mental health records, the court must have two particular findings in order to grant the expungement. First, they must determine that the individual is not likely to act in a way that would pose a danger to public safety. Second, they must evaluate that expunging the records would not be contrary to public interest.
Ways to Support Your Mental Health Records Expungement Application in NJ
Because the decision to expunge mental health records is so individualized and not based on a set of clear rules, applicants will want to put their best foot forward and ensure the court has as little reason as possible to deny the expungement. There are some strategies the applicant can use to increase the odds of getting their record expunged.
“Good Reputation” Strategies
While it is possible for someone to have an improved mental health condition and still live the way they did when they were committed, there are some additional factors that can convince a judge that the applicant has improved and would benefit from the mental health expungement. These “good reputation” factors show the court that the individual is actively managing their mental health and attempting to be a stable, healthy member of society. Some of these factors include proof of education, proof of employment, a risk assessment or other proof that their mental health condition is managed, and any changes in circumstances between the time the applicant was committed and the time they are requesting the expungement.
Character reference letters from friends, family, coworkers or neighbors in their community are also important. Proof of involvement in any charitable, fraternal, or other reputable organizations may indicate the applicant is seen to have high character and repute in their community. Finally, the applicant should submit any other evidence that can demonstrate to the court that the individual is stable. Even with all of this evidentiary support, it is important to remember that there are no clear rules for a mental health expungement. Instead, it is more of a multi-factor test or “sliding scale” where no single factor weighs more heavily than the rest to make a determination. This is why you need a knowledgeable attorney on your side, assembling a solid and compelling petition in your favor.
Resolve Criminal Records and Protection Orders Before Applying
Unfortunately, in some instances, mental health and criminal records go hand in hand. When this is the case, individuals should seek to clean up their criminal history before requesting a mental health expungement by first seeking an expungement of their criminal record, and resolve any active arrest warrants or pending criminal charges, as well as Restraining Orders or Extreme Risk Protective Orders that may bar their firearms ownership and possession under New Jersey law.
Key Distinctions Between Criminal and Mental Health Expungements in New Jersey
Both mental health and criminal records can be expunged, but the two are very different. The process for getting each expungement is different, and the benefits of each expungement is also different. Each time an individual is arrested, charged, and/or convicted of a crime, a record is created that shows up whenever law enforcement, potential employers, landlords, or others perform a background check. This can make life difficult for those who have a criminal record but after serving their sentence are trying to get their life back on track.
If an individual has a criminal record expunged, it is sealed or removed so that others can no longer see it. Law enforcement, corrections, and the judiciary may still be able to see the records under certain circumstances, but the general public cannot. After the record is expunged, the individual can legally say they do not have a criminal record and have never been arrested.
A criminal record expungement allows the individual to legally state they have no criminal record in most circumstances. A mental health record expungement is not quite as freeing, however. While the individual can technically deny having been committed for mental health issues if they are granted an expungement, there are still cases where they may not be able to do so or instances where the other party already has access to that information.
For example, if the individual wishes to purchase a firearm or to apply for certain positions in law enforcement or corrections may need to disclose the expunged records in order to be approved for the required Firearms Identification Card (FID). New Jersey law requires all purchasers and possessors of firearms to have an FID. To get an FID, individuals must fill out S.P. 66 Consent for Mental Health Records Search. This form gives authorization to divulge records that have not been expunged, but it also contains a provision that signing it is consent to disclosure of mental health records, including records that may have been expunged.
Remove Firearms Disqualification through NJ Mental Health Records Expungement
A mental health expungement does not guarantee an individual will be able to own a firearm in New Jersey. However, because being committed to a mental health facility or determined as dangerous or incapacitated disqualifies individuals from being able to own firearms under federal law, a mental health expungement removes a barrier to make it easier. The expungement can be used to restore the individual’s gun rights.
However, in some cases, the state of New Jersey may still attempt to deny the individual’s Second Amendment rights based on other records that exist of their mental health condition. Remember that the expungement does not remove records of mental health consultations, observations, diagnoses, and treatments. The FID card issuer, New Jersey State Police and local police departments, will use these records to evaluate whether the treatment the individual has undergone makes them a person where issuing an FID and allowing them the right to own a firearm would not be in the interest of public safety, welfare, or health.
Even though the individual may be required to acknowledge that their mental health record was expunged, the fact that the record was expunged in the first place indicates that a court already determined that the individual was not a threat to public safety, welfare, or health. Therefore, while each individual’s case is unique, expungement removes the absolute ban on the individual’s ability to own a firearm and increases the chances of approval despite the other mental health records available.
Talk to a Top NJ Mental Health Expungement Lawyer Today
Like many legal matters, a mental health expungement can be a complex and confusing situation to handle. Most individuals do not have the experience or knowledge required to understand the laws, requirements, and forms involved in requesting an expungement of their mental health records. An experienced New Jersey gun law attorney at The Tormey Law Firm has the unique insight and practical skill to assist you in understanding whether you are eligible for a mental health expungement, the laws regarding these expungements, and how to create the most comprehensive case supporting your approval. Our team can assist you with gathering the necessary documents to prove substantial improvement or recovery, as well as your “good reputation” documents and other supportive information that puts you in the best position for approval. If you have additional questions regarding a mental health expungement or exercising your Second Amendment rights after a successful expungement in New Jersey, contact our team today at (201)-556-1570 for a free consultation to discuss your circumstances.