Evan Nappen:
EXPUNGEMENT OF
CRIMINAL RECORDS
(1) What is an expungement?
A: Under
N.J.S. 2C:52-1 et seq., all records on file with any court,
correctional facility, law enforcement or criminal justice agency
regarding a persons detection, apprehension, arrest, detention, trial,
or disposition of an offense within the criminal justice system may be
extracted and isolated. In effect, a persons criminal record of arrest and/or conviction is erased and legally deemed not to have occurred.
(2) What records are actually expunged?
A: The
records which are actually expunged include complaints, warrants,
arrests, commitments, processing records, fingerprints, photographs,
index cards, rap sheets, and judicial docket records.
(3) Who is eligible for an expungement?
A: Expungement
eligibility is a highly technical area in which one should ask a
qualified attorney regarding ones specific facts situation. Generally
speaking, a person may have a criminal offense expunged if ten (10)
years has passed since the completion of ones sentence. Disorderly persons offenses and petty disorderly persons offenses may be expunged after five (5) years. Town Ordinance offenses may be expunged after two (2) years. An arrest not resulting in a conviction may generally be expunged without delay. There are limits as to the number of matters that may be expunged, and there are offenses that may not be expunged. There are also other various statutory limitations regarding expungements, which are too technical to list.
(4) May an expungement help a person with a criminal record to lawfully possess firearms?
A: Yes. Because
an expungement removes the conviction/criminal record and deems it not
to have occurred, the expungement has the effect of removing the
disqualification placed upon a convicted person from purchasing or
possessing firearms under the firearm licensing law of N.J.S.
2C:58-3(c) and under the firearm possessory law of N.J.S. 2C:39-7.
NOTE:
A State expungement also removes the Federal disqualification for convicted felons purchasing or possessing firearms. At one time, an individual needed a Federal relief from disabilities even though they had a State expungement. Under the 1986 Gun Owners Protection Act, this was changed so that the Federal government recognizes State expungement. This expressed recognition may be found under U.S.C.A. Title 18, 921 (a)(20).
Expungement
of an otherwise qualifying offense also removes a person from being
subjected to the Lautenberg Domestic Violence Misdemeanor Gun Ban.
Expungement has now taken on an even greater significance with the advent of NICS (National Instant Check System). Expungement may clear certain criminal records which could have otherwise formed a basis for NICS denial.
EXPUNGEMENT OF
MENTAL HEALTH RECORDS
(1) What is an expungement?
A: Under
N.J.S. 30:4-80.11., if an order expunging a mental health commitment is
granted, the commitment shall be deemed not to have occurred and the
recipient of the expungement may answer accordingly any question
related to the commitment. In effect, a persons mental health commitment record is erased and legally deemed not to have occurred.
(2) Who is eligible for an expungement?
A: Expungement
eligibility is a highly technical area in which one should ask a
qualified attorney regarding ones specific facts situation. Generally
speaking, under N.J.S. 30:4-80.8, a person may have a mental health
expungement if they have been committed by order of any court or by
voluntary commitment to any institution or facility providing mental
health services. A person who has been
discharged as recovered or substantially improved or substantially in
remission may apply to the Superior Court for relief.
(4) May an expungement help a person with a mental health commitment record to lawfully possess firearms?
A: Yes. Because
an expungement removes the commitment and the commitment is deemed not
to have occurred, the expungement has the effect of removing the
disqualification placed upon a person from purchasing or possessing
firearms under the firearm licensing law of N.J.S. 2C:58-3(c) and under
the firearm possessory law of N.J.S. 2C:39-7.