Are you wondering who knows about or could find out about your past criminal convictions? You need an Essex County expungement attorney.
Uncertainty like this can cause anxiety and humiliation. Worse still, your criminal record can stand in the way of landing your dream job or obtaining a professional license. A criminal record can prevent you from being accepted into a school. Also, you can be denied a loan as a result of your criminal record.
Essex County expungement attorney Scott Gorman will help you get a second chance so that you can put your past behind you. Fortunately, the New Jersey Legislature has created a mechanism that allows many people to hide information relating to arrests and criminal convictions. If you are eligible for an expungement, Scott can help you obtain a court order that would enable you to deny that an arrest, criminal proceedings, or a conviction ever took place, in all but a few limited circumstances. As a matter of fact, when records relating to an arrest have been expunged, if information relating to the expunged records is disclosed by a person who is aware of the expungement, that person can be convicted of a disorderly persons offense.
Most criminal convictions can be expunged after ten years have elapsed since the later of the completion of probation or parole, release from incarceration or payment of all fines. However, to successfully petition for an expungement, petitioners must demonstrate that they are not otherwise disqualified from obtaining the expungement. For example, a criminal conviction cannot be expunged when the conviction touched upon the petitioner’s holding of a public office or public employment. In addition, if the petitioner was convicted of a criminal offense before or after the criminal conviction at issue, the petitioner would be ineligible to obtain an expungement. Two or more disorderly persons or petty disorderly persons convictions will also disqualify a person from obtaining the expungement of a criminal conviction.
The purpose of expungements is to assist certain individuals in putting their past transgressions behind them when they are able to show that they have been rehabilitated and that they are not perpetual offenders. In furtherance of this policy, in 2010, the Legislature created a “public interest” exception to the expungement requirements to allow for the expungement of criminal convictions prior to the ten-year period referenced above when granting an expungement would be in the public interest. To obtain an expungement pursuant to the “public interest” exception, a petitioner must demonstrate that at least five years have elapsed since the later of the petitioner’s completion of probation or parole, release from incarceration, or payment of fines and that since the conviction that is the subject of the petition, the petitioner has not been convicted of any crimes, disorderly persons offenses or petty disorderly persons offenses. Next, the petitioner must show that the expungement would be in the public interest, which factor relates to the nature of the offense and the petitioner’s character and conduct since the conviction.
Don’t allow a prior conviction to unnecessarily stand in your way. Call attorney Scott Gorman today to discuss how you can obtain an expungement and a second chance.