Who Can Still Access Your Expunged Criminal Records

You slipped up, made a poor decision, or wish you had not made certain choices. Maybe you went through a rough patch in your life and have a criminal record from an offense that you committed years ago. Maybe the charges were dismissed but the record of your arrest and the original charges lingers on your record. Or perhaps you completed a diversionary program like Pre-Trial Intervention, after which the charges were dismissed and you became eligible six months later to clear all records of the proceedings. Fortunately, New Jersey law offers an opportunity to start over. Removing your record of crimes, offenses, arrests, charges, and adjudications by expungement can provide immeasurable relief for your job search, career path, housing choices, personal relationships, and troubled mind. A post-expungement background check shows no convictions and associated records to most employers; however, it may only hide your record from some people or entities.

The New Jersey expungement attorneys at The Tormey Law Firm are ready to assist you with turning the page on your past and starting fresh with a new story, a bright future, and zero deterrence to the life you want and deserve. Contact our lawyers at (201)-556-1570 for a free consultation and get a jump start on the expungement that could change everything from here.

Limitations on Visibility of Expunged Criminal Records in NJ

An expungement seals your records by court order and removes your criminal record, including charges, arrests, and convictions, from the public eye. Most employers will not see your arrest, charges, and convictions from years ago when they run a background check for employment. In addition, a landlord investigating you for a rental will not see your incriminating records or a history that could count against you. The same goes for mortgages and loan applications once your record is cleared through the expungement process. However, those records still exist in the court system and are available to law enforcement and court personnel.

When you petition the court to expunge your records, you ask the court to remove your records from the public. An expungement order requires the courts and law enforcement to do that so criminal background checks come up clear of convictions, arrest records, and charges. Criminal record searches typically do not reveal expunged records to the public at large or interested parties who operate outside of law enforcement or judicial capacities. Also, civil record searches do not turn up criminal records, only civil ones.

Obligations to Inform about Expunged Criminal Records in New Jersey 

Seeking Employment in Government or Law Enforcement

Despite most basic background checks revealing nothing incriminating after you expunge your record, you still must report expunged convictions or arrests under certain conditions. For example, law enforcement can access your deleted records, so you must disclose expunged charges and convictions when you apply for a government job, such as the police department, CIA, and FBI. Government employment requires full disclosure of your past criminal offenses despite expungement. Since law enforcement agencies, court employers, and corrections department employers can access your expunged records, you must disclose those records on employment applications.

Jobs Requiring Public Trust May Require Disclosure

Public safety and security jobs also require full disclosure, even of expunged records. As such, airport workers, bank employees, school employees, and other public trust employees must reveal expunged offenses when asked. It’s a matter of public safety. However, you may present a certificate of rehabilitation to bolster your proof that your criminal mistakes are behind you. A certificate of rehabilitation is a court order confirming your rehabilitation after a conviction (N.J.S.A. 2A:168A-1). It proves you have maintained a crime and offense-free record for at least ten years. The certificate is extra insurance that your expunged records do not hamper your ability to obtain a job due to past offenses. The certificate is beneficial when you apply for higher scrutiny jobs, like government positions requiring the public’s trust.

Applying for a Gun Permit

Additionally, you must disclose mental health institutionalization and domestic violence restraining orders when applying for a gun permit in New Jersey. However, you can answer “no” to questions on firearms permit applications regarding criminal convictions that have not otherwise been expunged. Applications for Firearms Purchaser Identification Cards, Handgun Purchase Permits, or Permits to Carry a Handgun do not require you to disclose expunged or sealed records. They ask if you have any previous convictions that have not been expunged, at which point you can truthfully answer “no.” Learn more about Expungements to Restore Gun Rights in New Jersey. As it relates to getting a gun license in New Jersey, you do have to disclose whether you had a previous firearms application denied or revoked.

Subsequent Expungements of Eligible Records

If you apply for another expungement of records other than criminal convictions, such as municipal ordinance violations or arrest records, you must disclose previous expungements.

Diversionary Program Applications

The same goes for diversionary programs. You must reveal your expunged records on your application to the Conditional Discharge, Conditional Dismissal, and Pre-Trial Intervention programs. Expunged records of previously completed diversionary programs disqualify you from entering another diversionary program since you get to do one of these programs only once. The one exception goes for conditional discharges related to minor marijuana offenses.

Submitting Immigration Documents

Finally, except for minor marijuana convictions, you must reveal expunged records on immigration documents, such as visas or citizenship applications. As governmental entities, immigration officials have access to your deleted records, so you must disclose them or risk the consequences of false representation.

Otherwise, you can apply for university admission, an automobile loan, or life insurance without revealing past offenses expunged from your record. The freedom from stress and embarrassment is invaluable. More importantly, the expanded opportunities for employment, housing, education, and other essential services after expungement are indispensable.

Get Solid Legal Guidance from Our NJ Lawyers to Expunge Your Criminal Record

The application and process for an expungement can be challenging without the help of an experienced NJ expungement attorney. The form and substance of official court documents must be submitted according to New Jersey state laws and procedures or you risk having your expungement application denied. When you speak with our lawyers at The Tormey Law Firm, you learn what expungement is for and how it can and cannot help you. For example, you may not expunge certain crimes from your record. Those criminal convictions stay with you and may continue to impede your options because they are ineligible for expungement by law. However, you can delete other offenses, and our attorneys can explain how we can assist you with doing so.

Finally, we can draw up the expungement petition, ensure that all of the proper documents are provided, and include the required information to avoid having your application rejected by the court. Our firm’s decades of experience handling the expungement process will benefit you by saving you precious time in regaining your rights, necessities, and benefits. Call us anytime at (201)-556-1570 to talk to an expungement attorney today. We provide free consultations.