Expungements Offer a New Beginning for Many

By Lavinia Lee Mears, Esq.

IF YOU have had the misfortune of having a brush with the criminal system, there is hope. A criminal conviction, arrest or investigation can, among other things, limit your employment and educational opportunities, disqualify
you from receiving a professional license and prevent you from being issued a firearms identification card.
Expungements offer a second chance to those who are eligible.

An expungement is a court proceeding where records of arrests and associated court files generally become unavailable. These records are removed from any court, detection or correctional facility, or other law enforcement agency in possession of them.

Such records are not destroyed. Rather, they only can be accessed under very limited circumstances.These circumstances include applicants for law enforcement, the judicial branch of government and American citizenship. In addition, expunged records can be accessed when a court considers bail for a subsequent charge.

The nature of the type of offense or crime to be expunged determines the waiting period to initiate an expungement. Generally, the waiting periods are as follows:
• Most municipal offenses: two years
• Disorderly and petty disorderly persons offenses: five years
• Certain young adult drug offenders: one year
• Juvenile delinquency adjudications: usually the same as adult offenses but in certain cases the period can
be reduced from ten years to five
• Juvenile delinquency dismissals: usually no wait period, but in some cases six months

The clock starts ticking from the time an individual pays all required fines; successfully completes probation; is released from incarceration; or discharged from parole, whichever comes last.

Certain individuals are disqualified for expungements. Among those ineligible are:
• Those who have more than one indictable conviction
• Those who are convicted of very serious crimes such as dealing drugs (except for small quantities of
hashish or marijuana), sexual assault, arson, murder and kidnapping
• Those who have had domestic violence complaints filed against them
• Convictions of public officials for crimes involving their public office.

The best way to file for an expungement is to contact an attorney experienced in criminal law.

Lavinia Lee Mears, Esq. is an attorney with offices in Linden, NJ. A former County Assistant Prosecutor,
Mears’ firm focuses on protecting the rights of employees, consumers and the criminally accused. The firm also offers free seminars to professional organizations and area civic groups.

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