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Who Can Access Expunged Records?

Posted by Joseph D. Lento | Jul 21, 2022 | 0 Comments

Most people do not consider the effects a criminal charge can carry beyond the initial sentence. But criminal records can hang over your head for the rest of your life, getting in the way of employment opportunities, stable housing, and financial aid. The state of New Jersey understands how criminal records can affect several areas of your life and provides individuals with the ability to expunge a particular arrest or conviction from their criminal record.

When an arrest or conviction is expunged from your criminal record, the arrest or conviction is considered to not have happened at all. This means that when you are asked if you have ever been arrested or convicted of a crime, you can legally say no, and your records will not show up on background checks conducted by the New Jersey State Police or the FBI.

But even though the arrest or conviction has been expunged, the records related to the incident will not be destroyed and can be used under certain circumstances.

Legal Actions After Expungement

If you are arrested after having an arrest or conviction expunged from your record, the court can access your expunged records. They will use this information when determining whether to offer you bail, whether you are eligible for a diversion program, pretrial release, or determining your sentence.

Your expunged record can also be accessed and considered if you are incarcerated to determine your classification and assignment in prison or to determine whether you are eligible for parole.

Immigration

In New Jersey, non-US citizens also have the ability to expunge their criminal records. But, when applying for a visa, residency, or citizenship, non-US citizens must disclose all confrontations with the law, including their expunged records.

Some crimes, even if expunged, can make you “inadmissible” for US citizenship. Though, there are some instances where you may qualify for a waiver of inadmissibility. If your record includes such crimes as prostitution, simple possession, being under the influence, or multiple criminal convictions with a total sentence of at least five years, you might be able to apply for the waiver and ask the US to overlook the previous conviction or record.

Law-Related Jobs

The only time you will have to disclose your expungement on a job application is if you are applying to work in law enforcement, a correctional facility, the judicial system, and when you are applying for a license to practice law.

How an Experienced New Jersey Expungement Attorney Can Help

Expungements afford individuals a second chance at life. They allow you to apply for jobs, qualify for housing, and request financial aid so you can further your education. But filing an expungement petition can feel overwhelming. The New Jersey requirements are very rigorous, and even technical mistakes can cause your expungement to be denied or delayed.

Attorney Joseph D. Lento is an experienced expungement attorney in New Jersey. He will work tirelessly to not only file your expungement petition but ensure you are aware of the individuals who may be able to review it later on. Call 888-535-3686 today or schedule a consultation online.

About the Author

Joseph D. Lento

"I pride myself on having heart and driving hard to get results!" Attorney Joseph D. Lento passionately fights for the futures of his clients in criminal courtrooms in New Jersey as well as Pennsylvania and nationwide. He does not settle for the easiest outcome, and instead prioritizes his clients' needs and well-being. With unparalleled experience occupying several roles in the criminal justice system outside of being an attorney, Joseph D. Lento can give you valuable behind-the-scenes insight as to what is happening during all phases of the legal process. Joseph D. Lento is licensed in New Jersey, Pennsylvania, and New York, and is admitted pro hac vice as needed nationwide. In the courtroom and in life, attorney Joseph D. Lento stands up when the bell rings!

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When it comes to criminal defense cases, you need the right person in your corner. To learn more about how Mr. Lento can help you, call the Lento Law Firm today at 888-535-3686. or contact him online.

This website was created only for general information purposes. It is not intended to be construed as legal advice for any situation. Only a direct consultation with a licensed Pennsylvania, New Jersey, and New York attorney can provide you with formal legal counsel based on the unique details surrounding your situation. The pages on this website may contain links and contact information for third party organizations - the Lento Law Firm does not necessarily endorse these organizations nor the materials contained on their website. In Pennsylvania, Attorney Joseph D. Lento represents clients throughout Pennsylvania's 67 counties, including, but not limited to Philadelphia, Allegheny, Berks, Bucks, Carbon, Chester, Dauphin, Delaware, Lancaster, Lehigh, Monroe, Montgomery, Northampton, Schuylkill, and York County. In New Jersey, attorney Joseph D. Lento represents clients throughout New Jersey's 21 counties: Atlantic, Bergen, Burlington, Camden, Cape May, Cumberland, Essex, Gloucester, Hudson, Hunterdon, Mercer, Middlesex, Monmouth, Morris, Ocean, Passaic, Salem, Somerset, Sussex, Union, and Warren County, In New York, Attorney Joseph D. Lento represents clients throughout New York's 62 counties. Outside of Pennsylvania, New Jersey, and New York, unless attorney Joseph D. Lento is admitted pro hac vice if needed, his assistance may not constitute legal advice or the practice of law. The decision to hire an attorney in Philadelphia, the Pennsylvania counties, New Jersey, New York, or nationwide should not be made solely on the strength of an advertisement. We invite you to contact the Lento Law Firm directly to inquire about our specific qualifications and experience. Communicating with the Lento Law Firm by email, phone, or fax does not create an attorney-client relationship. The Lento Law Firm will serve as your official legal counsel upon a formal agreement from both parties. Any information sent to the Lento Law Firm before an attorney-client relationship is made is done on a non-confidential basis.

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