Evaluating Record Sealing and Expungement Options in New Jersey

If you’ve been charged with a crime, you likely already know the intricate and profound impact a criminal record can have on not just your ability to find work but so many aspects of life. Finding a job is just the tip of the iceberg––a criminal history can also hinder a hunt for housing and influence your relationships. But do not fret- New Jersey has some ways you can mitigate the impact and challenges of a criminal conviction or record. These opportunities come in two forms: sealing or expungement. Each process differs with its rules, benefits, and limitations, which are broken down below to help you identify the options open to you and which are best for your circumstances.

Exploring The Benefits and Boundaries of NJ Expungement

Expungement permanently removes certain offenses from your record. Once a record is expunged, it’s like the incident never occurred––meaning the offense will not show up on the majority of background checks, and you can legally say that you do not have a criminal history in most situations. Eligibility for expungement can hang on a few things, like the type of offense you’re dealing with, waiting periods, or the number of offenses you have on your record. Certain crimes, like homicide or sexual assault, are not going to be eligible for any expungement in New Jersey. Further, you should also expect to wait a set amount of time after your sentence completion––which also includes even any probation or parole time, to be eligible.

If you are someone with a number of prior convictions, then you might not qualify for an expungement–but some exceptions can be made, like for juvenile offenses. Expungement can unlock a slew of benefits ranging from opening up new employment opportunities and more housing options to removing that stigma that a criminal history often carries. Again, not all cases are going to be eligible for an expungement, though the process takes months, and expunged records could be accessed in a small number of scenarios with extraordinary circumstances like law enforcement in an investigation.

A Look Inside Record Sealing Benefits and Limitations

Sealing a record makes it inaccessible to the general public, but it is not identical to expungement. It will not erase every trace of the conviction. Sealed matters are viewable by law enforcement, and certain entities can still access the records when necessary. Sealing applies to specific types of records, like juvenile adjudications, cases involving dismissed charges, adjudication withheld scenarios or diversion programs, and certain records related to non-conviction outcomes like deferred dispositions. The benefits of sealing include increased confidentiality, quicker resolution compared to expungement, and improved opportunities for employment and housing. However, sealed records are not entirely private, as they can still be accessed by law enforcement and other authorized parties. As with expungement, some offenses might be ineligible for sealing. The process won’t entirely eliminate all traces of the existence of the record, which may still influence specific legal or governmental decisions.

Addressing The Special Rules and Processes for Juvenile Adjudications

When it comes to juveniles in Jersey, offenses are dealt with in a totally different manner than those of their adult counterparts. As far as proceedings are concerned, juveniles will usually have anonymity to some extent, meaning the proceedings are typically closed off from public view and scrutiny. However, the record of the case itself can still cause some significant issues if not addressed. Juvenile records can be sealed after a two-year long waiting period, provided that the individual doesn’t have further run-ins with the law by accruing additional offenses. Unlike the records of adults, there is no limit on the number of juvenile offenses that can be sealed. However, sealing won’t make a record completely invisible, as it can still be accessed under some conditions. Juvenile records could be eligible for expungement, much like adult records, but with some additional eligibility opportunities. A juvenile diversion case or dismissed complaints could be expunged right away. The most prominent differences between sealing and expunging in the case of juvenile records include that sealing makes records inaccessible to the public, but it will not completely eradicate them, while expungement permanently eliminates the record. Additionally, sealing takes two years from completion of supervision, while expungement usually takes even longer.

Contrasting the Effects of Sealing vs. Expunging Records

Expungement and sealing differ in several ways, including the types of offenses eligible, waiting period accessibility of history, and their effect on your background check. Expungement is available for fewer offenses, particularly non-violent and lower-level crimes, whereas sealing may cover a broader range of records, especially for juveniles and non-conviction cases. Expungement usually means longer waiting terms when compared to sealing and sealing for juveniles can happen after only two years of satisfactory behavior. Expunged backgrounds are virtually inaccessible except where permitted for rare legal situations, while sealed records can be acquired by law enforcement and specific entities. Expunged records do not appear on standard background checks (for the most part), whereas sealed records may still be obtainable in certain employment or legal contexts.

Feature	Expungement	Sealing
Definition	Complete removal of a record as if it never happened.	Hiding a record from general public view.
Eligibility	Fewer offenses, usually non-violent and less serious crimes.	A broader range of offenses, including some juvenile and non-conviction cases.
Waiting Period	Generally, longer waiting periods.	Shorter waiting periods can be as little as 2 years for juveniles.
Accessibility	Virtually inaccessible except in rare legal circumstances, such as judicial and government-related inquiries.	Accessible by law enforcement and certain authorized entities, such as education institutions or financial entities.
Background Checks	Generally, it does not appear on standard background checks.	It may appear on some background checks, particularly for specific jobs like work with children or legal purposes.
Effect	Essentially, it erases the record, with notable exceptions like jobs in law enforcement.	It hides the record from most, but not all, inquiries.

Start Fresh with our NJ Record Clearing Lawyers Guiding You Through the Process

Both expungement and sealing involve detailed legal requirements and lots of paperwork that must be filled out accurately and sometimes with applicable deadlines. Missing these due dates, providing incomplete forms or inaccurate information, or misunderstanding your own eligibility can result in delays or denials. Legal terms and processes can be confusing and vary depending on circumstances. Whether familiar or unfamiliar with the New Jersey criminal court system, seeking legal guidance is imperative. If you are trying to clear your background for a certain career path or educational program or simply to better your life and be able to access adequate housing, you may be under a time restriction. Our skilled expungement and record sealing lawyers at Montanari Law Group will help you quickly and accurately assess which route is in your best interest, confirm your eligibility, and assist you in successfully completing the process.

If you want peace of mind and an increase in the likelihood of a positive and smooth outcome, contact a knowledgeable and trusted New Jersey expungement attorney at our Little Falls, New Jersey office. With appropriate help, you can move on with your life filled with confidence and the foundation to build the future you want and deserve. We proudly serve clients in Clifton, Passaic, Paterson, Wayne, West Milford, Hawthorne, Little Falls, Woodland Park, Ringwood, Wanaque, and throughout Passaic County. Contact us at (973) 233-4396 for a free consultation.