Expungement of a record means that a criminal record is wiped clean from your record. Expungement serves to make the crime as if it never occurred. By successfully expunging your criminal record, every law enforcement agency will destroy every record of your crime and your conviction.

But not every state permits the expungement of a criminal record. This can create and unfortunate paradox. In states where exupungment is available, the prosecution may be less likely to reduce a criminal charge for the purpose of a plea bargain, the thinking being that in 5 years (or whatever the time-frame is for that state) the defendant may apply for and recieve expungement.

Please note that expungement exists in New Jersey for a New Jersey conviction. However, right next door, New York does not permit a New York conviction to be expunged. There a person who has been previously convicted of a crime can apply for relief from "civil disability" instead. This does not wipe the slate clean, but it does prohibit the State from considering that conviction when issuing a state-mandated license. LIkewise, a conviction can no longer prevent you from voting. The problem in New York is that other states do not necessarlily have to honor a New York relief from civil disability. The complications can therefore appear manifestly unjust.

Expungement differs from having your recortd sealed. By getting a record sealed, your file l remains intact but may only be released by court order. Thus, employers and others cannot see the record. But it is not erased as in an expungement. That means a person may have to disclose the fact of a prior conviction if required for a job application or for security clearance in certain government postions.

Contacting an attorney that handles expungement cases is smart. Employers have access to criminal records. A criminal record can influence decisions made about you. An expungement can prevent a criminal record from permanently disadvantaging your future.

Occassionally, charges that were dismissed can still appear on record to show that the individual was arrested or indicted. An expungement may help reduce the likelihood that such information will ever come to light.

Even if you are involved in a criminal action and are later found to be innocent, your records can cause suspicion to law enforcement, employers, or anyone else able to access them. Expungement can prevent future injustice. Some states are considering changing their laws to permit expungement to allow people to petition removing a criminal record. But because there is no uniformity from state to state, its important to consult with a lawyer and effect a strategy that reduces the negative consequences of an old conviction.

For more information on expungement, please contact us to speak with a criminal lawyer handling expungements, pardons and cases meriting relief from civil disability.