If you have a minor criminal conviction, ordinance violation, or arrest, on your record, it can be holding you back from things you want to do and accomplish in your life. If that is the case, then an expungement could get rid of it. But if you apply for one, can it be denied?

Yes, it can, under certain circumstances. It can, and will, be denied, when:

  1. Any prerequisite for expungement has not been met;
  2. There is an objection to the petition where the objector proves that the need for the availability of the criminal records outweighs the desirability of your being freed from the "black mark" of the charge or conviction;
  3. Where it is an arrest not resulting in conviction, where the acquittal, discharge, or dismissal of the charges were as a result of a plea bargain involving a conviction on other charges (unless the conviction itself has been expunged);
  4. Where the arrest or conviction is associated with a civil suit brought against you by the state or any of its agencies;
  5. Where you have had a previous criminal conviction expunged, unless you are seeking expungement of an ordinance violation or an arrest not resulting in a conviction; or
  6. You have had, prior or subsequent to the conviction, been granted the dismissal of other criminal charges following the completion of a supervisory treatment or other diversion program.

This is why I tell people that it could help you, not that it can. Each case is different, and needs to be evaluated for success.

You Need Help!

If you are looking to expunge some arrests and/or convictions in your past that occurred in the Burlington, Camden, Gloucester, Salem or Cumberland County, area, have decided that you need an expungement and are ready to take action, then click on this link to schedule a call with me. Don’t let your past hold you back from a better future!

If you are not sure you are ready to hire a lawyer, but want more information, then download my free book, What Everyone Should Know About Getting a NJ Expungement to get the answers you're looking for!

Want to see if you are even eligible for an expungement? Take the quiz to the right and see!

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Steven J. Richardson
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Bankruptcy, Collections, Student Loan, DUI and Traffic Court attorney in Woodbury, NJ.