EXPUNGEMENTS UNDER THE COMMON LAW OF NEW JERSEY

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By Fredrick P. Niemann, Esq. a New Jersey Expungement Attorney Under New Jersey common law, an expungement is a legal action in which a first time offender of a criminal conviction petitions a New Jersey court to have the records of that earlier legal matter sealed, thereby making the records unavailable through the state or Federal databanks. If successful, the records are “expunged”. Black’s Law Dictionary defines “expungement of a record” as the “Process by which record of criminal conviction is destroyed or sealed from a state or Federal repository.”[1] While expungement deals with an underlying criminal record, it is a civil action in which the subject is the petitioner or plaintiff asking a court to declare that the records …

WHAT IS EXPUNGEMENT AND WHY IS IT BENEFICIAL FOR THOSE WITH CRIMINAL RECORDS?

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By Fredrick P. Niemann, Esq. a New Jersey Expungement Attorney For those with a past that is marked by a criminal record, getting an expungement is a way for the impact of that criminal record to be diminished.  If you are looking for a job, or you are looking to attend a university, a criminal past will hurt your chances of getting hired or accepted.  An expungement will help make sure that you are able to diminish the effect of your past. An expungement works to “hide” your criminal record.  This doesn’t eliminate your record completely.  It can still be accessed by law enforcement, but your record cannot be accessed by anyone other than law enforcement.  Therefore, any schools or …

HOW TO EXPUNGE YOUR RECORD

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By Fredrick P. Niemann, Esq. a New Jersey Expungement Attorney When you get an expungement, the event for which you were held criminally responsible is considered to not have occurred.  In order to expunge your record, you will have to go to court. To start with, you should keep all copies of your important legal documents before you go to court.  You first locate all of the information about your original criminal case.  This includes: date of arrest, statute and offense you were arrested for, original court information, date of disposition, and punishment.  The attorney you originally saw to defend your case should have this information on file. From there, you should proceed by requesting your criminal records.  You can …