WHO CAN ACCESS MY EXPUNGED NEW JERSEY CRIMINAL RECORD?
Somerset County Expungement Law Firm
An expungement has the effect of sealing and isolating your criminal record. Once your record has been expunged, you do not need to disclose your expunged record on job, housing, or education applications, nor can anyone disclose that you have an expunged record. If another person was to disclose your expunged record, he or she would be guilty of a disorderly persons offense.
However, your criminal record may still be accessed under certain circumstances. For instance, if you have been arrested on a new offense, the judge, county prosecutor, probation department or the Attorney General may reference the record when setting bail. Other instances include:
- The expunged arrest or conviction is the subject of litigation or a judicial proceeding,
- Determining whether a defendant should be granted or denied admission into PTI or a supervisory treatment program,
- Use for a presentence report or sentencing,
- Use by the Parole Board in evaluating the granting of parole
- Use by the Department of Corrections in the classification, evaluation and assignment to a correctional facility,
- Use by the Violent Crimes Compensation Board if a claim has been filed.
Some agencies and organizations, such as the Commission on Real Estate, are not under direct control of the judiciary branch. As a result, when the court issues the Final Order, these independent organizations are not informed of the expungement. It is the responsibility of the grantee to inform these organizations and agencies of the court order.
Morris County Criminal Law Attorney
The criminal law attorneys of Maynard Law Office, LLC in Morristown have obtained expungements for a countless number of clients. The benefits of an expunged record far outweigh any possible negatives. It can lift bars to employment and other activities, such as volunteering on the school board of education. To determine your eligibility today, contact us at 973-540-0054or online for a free consultation and begin down the path of living with a clean record.