If you are looking to wipe out a criminal record that might be haunting you or keeping you from moving forward in your life, an expungement can help. This is because once an order for expungement is entered, the arrest, conviction, and any proceedings related to the offense are deemed never to have taken place. But there are exceptions.

This is because the record is not destroyed; it is locked away. Your record can still be accessed under certain circumstances.

Diversionary Programs

New Jersey law provides an "out" for first time offenders involving many different crimes:

  • Conditional Discharge for drug possession offenses
  • Conditional Dismissal for Disorderly or Petty Disorderly Persons Offenses
  • Pre-Trial Intervention for Indictable Crimes

You only get to use one of these once, so the record is still maintained just in case you try to avail yourself of a diversion in the future. They will check the expunged record and turn you down.

Job Applications

When it comes to certain careers, the employer can still see the record in a background check. That record will crop up if you apply to be a

  • Police Officer or other Law Enforcement Position
  • A lawyer (or if you are already a lawyer, a judge)
  • A Corrections Officer

Any time you are considered for something like this, you will have to deal with it.

Applying for citizenship? Sorry, the immigration services will still find it.

So What Do You Do?

The best course of action is to keep any and all records you have regarding the offense or offenses, so that you have them available to explain yourself. Also, get the records of the expunged offense(s) certified. If it was a marijuana offense, you will need to prove it was under 30 grams, so have a certified copy of the arrest report.

Looking to Get an Expungement?

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.