Blog

Distinguishing Between Sealing and Expunging a Criminal Record in New Jersey

Criminal Records Sealing vs. Expungement in NJ: Understanding How they Differ

A criminal record can hinder you in many ways. Even a single criminal conviction can interfere with your ability to get employment, housing, education, loans, and professional licensing. Furthermore, you may encounter challenges related to traveling, getting firearms, obtaining child custody rights, and issues with your immigration status. Your criminal history can make a future harder to pursue in the optimal manner, following you around like a scarlet letter. However, New Jersey offers you two main ways to clear your record. You may be able to seal or expunge your criminal past. Understanding the distinctions between criminal records sealing and expungement, as well as the applicability, process, benefits, and limitations of these options is crucial to move forward with confidence.

Fundamentals of Expungement

An expungement clears your criminal records, including arrests, court proceedings, convictions, case outcomes, and sentencing, wherever found, in courts, detention centers, correctional facilities, law enforcement agencies, or criminal justice agencies. Expungement includes removing, sealing, or otherwise isolating your records.

You can hide your records from potential employers or landlords if you are eligible. First, you must apply for an expungement after the required waiting period following completion of your probation, parole, release from incarceration, and payment of any mandatory fines. Second, you must not have convictions for disqualifying crimes, such as sexual assault, murder, arson, robbery, perjury, and kidnapping.

For indictable offenses, you must wait five years before applying, and only one indictable offense may be expunged if you have no more than three disorderly persons offenses. You can expunge up to five disorderly persons offenses when you have no indictable offenses or three if you have an indictable offense. The waiting period is five years. The waiting periods may be shorter for early pathway exceptions, and the number of expunged offenses may be higher with crime spree exceptions.

You may expunge arrest records and non-conviction records immediately, but you must wait six months to delete diversionary program records (unless you are a Drug Court graduate, in which case you can get your records deleted immediately).

Furthermore, the waiting period for municipal ordinance violations is two years, with no limit on how many so long as the record contains no indictable offenses. Lastly, for those with records containing eligible offenses, a ten-year waiting period allows you to expunge your entire criminal record through a Clean Slate Expungement.

What an Expungement Provides for Your Future

If you are eligible, you can enjoy the freedom to pursue most employment opportunities, housing where you wish to live, and other benefits that a criminal record prevents you from having, such as a gun and voting rights. In other words, you can answer “no” on an application asking if you have any prior criminal convictions. Importantly, though, a criminal record is not immune from disclosure in every scenario. A court may investigate expunged or sealed records to determine sentencing, and some government agencies and law enforcement authorities can still view criminal charges and convictions even after they have been expunged from your record.

Record Sealing: The Basics

Another way to hide your criminal record is by sealing it. When your record is sealed, it becomes confidential so the public cannot see it. You can apply for jobs and apartments without fearing the results of a background check. However, a sealed record is not an expunged record. Sealing a record does not erase it as expungement does, and some organizations or individuals may view sealed records if they have a good reason for needing the information.

Anyone named in a criminal record, including crime victims, may ask for a sealing of their criminal record. Since sealing does not entirely remove your record, the eligibility requirements are less stringent. Those who have no convictions or pending offenses may apply to seal their records.

When Record Sealing is a Great Option

So, sealing is a great option when you want to get a job, housing, education, professional license, or firearm. Your criminal record will not show up on a background check. However, courts, law enforcement, and some state professional licensing boards can ask to review your sealed records. Working with children, seeking higher education, and applying for a loan could still post an issue in some cases, but not always.

What Makes Juvenile Records Unique in the Realm of Record Sealing and Expungement in NJ

Juvenile criminal cases are unique, providing unique opportunities for visibility, expungement, and records sealing. Generally speaking, New Jersey law protects records of juvenile delinquency from the public, including all medical, psychological, social, and legal records, whether found in law enforcement, court, or probation institutions. Minors do not have the brain development and maturity as adults, and so the juvenile system is less apt to detain as punishment rather than counsel and rehabilitate wayward youths. In fact, all juvenile proceedings are closed to the public. This does not mean that a juvenile’s record is automatically sealed, but they can apply to seal it.

Sealing a Juvenile Record

Juvenile proceedings differ from adult proceedings in that the juvenile system seeks to rehabilitate youth to become law-abiding adults, so sealing records is aligned with giving a young person a fresh start. Sealing applies to juvenile records to keep them confidential. Once an applicant waits for two years, measured from the end of the juvenile’s supervision after an offense, they may apply to seal their juvenile record. However, they must be conviction-free during those two years and show good behavior or service in the military. All documents may be sealed except for those same crime exceptions for expungements, such as homicide, sexual assault, arson, endangering the welfare of a child, kidnapping, and other severe crimes.

Expungements of Juvenile Records

On the other hand, expunging (deleting) a juvenile record erases it, not merely sealing it. The wait periods and restrictions also differ from sealing. Expungement of an entire juvenile record is available after five years from the date of the last offense or supervision completion, regardless of the number and types of offenses (disorderly persons offenses or indictable crimes). However, the same restrictions for adults apply to juveniles. Convictions for violent, sexual, and drug charges, such as aggravated sexual assault, robbery, arson, endangering the welfare of a child, and drug distribution crimes (except marijuana or hash), are not eligible for expungement.

Expungement and Record Sealing are Not the Same Thing

Though expungement and sealing are used interchangeably in New Jersey, there are key distinctions to be aware of. They are not the same thing. The types of offenses eligible for expungement are more restricted, and the waiting periods may be longer and conditioned on the type and number of offenses or crimes. A wider range of sealed records are available for sealing. However, fewer people or organizations may inquire about or review expunged records, primarily court, government, and law enforcement personnel. Sealed records are vulnerable to a broader audience, specifically those who can justify the request to view sealed records.

While both methods conceal criminal records from employment and housing background checks, sealed records are more susceptible to being discovered by court order. Expunged records are erased, except for a select few organizations and agencies involving the government and jobs in such fields, while sealed records are merely hidden. In other words, the scope of an expungement is broader than that of a records sealing process.

A common complication is not meeting the eligibility requirements for expungement or sealing. The laws are detailed and require that you know when and how you are eligible to petition for an expungement. Both can offer benefits for your future, but which one applies to your criminal background is a matter that should be reviewed by an experienced attorney.

Following the Necessary Steps for Success when Expunging or Sealing Criminal Records in NJ

New Jersey dictates a specific process for expunging or sealing records. The first step is determining eligibility by proof of the arrest dates, offenses, charges, indictments, summonses, warrants, dispositions, and penalties. The second step is to get all the records relevant to the offenses or crimes, making the appropriate request at the relevant locations, such as police departments, courts, and probation or parole departments.

Then, the applicant fills out the expungement petition and all relevant forms to obtain a hearing from the court, filing the appropriate number of copies. The applicant then attends the hearing, if required, where the judge will grant, deny, or continue the expungement or sealing order or hearing. Appearances are not always required, by following the process meticulously is imperative to accomplish your goal of sealing or expunging your criminal past.

If all goes well, the process is quick and easy. However, court proceedings are exacting. You must have the correct forms, records, dates, and sufficient copies to ensure the judge signs your order. So many complications can occur when the information you provide on the forms conflicts with the records reflecting those dates and offenses. In other words, you must be precise and know what to do when errors have occurred in records or how to obtain the full breadth of documents necessary to support your expungement or sealing petition.

Talk to An Attorney about Sealing or Expunging Your Record in New Jersey

Many people seeking expungements or sealing of their records rely on an attorney to help them avoid making mistakes that delay the process or risk a denial of their petition. This is the safest and surest path toward success with either process in New Jersey. If you are clear on your dates, offenses, resolutions, and other details, an attorney can determine if you are eligible and verify your eligibility requirements before proceeding further.

Our lawyers at Proetta, Oliver, & Fay know the laws, rules, and procedures for filing an expungement petition. We can ensure that your application is not rejected by the court clerk or denied by the judge by utilizing our knowledge and experience to ensure that it is thoroughly reviewed for completeness and consistency, and compliant with court rules and state laws. Whether you are considering an expungement or sealing of criminal records in New Jersey, count on our guidance to get the information you need and position yourself for a favorable result.

Do not delay the relief you need to access opportunities waiting for you in your employment, career, or living situation. Contact us today for a free consultation: 609-850-8284.