Legal Question in Criminal Law in New Jersey

Criminal records

When I was 14 I was falsely arrested. A staff member at my school identified me the perp in an extortion attempt on another student 2 weeks earlier. Despite his repeated attempts to tell them that it wasn't me, she insisted that I be arrested because ''he's too scared to identify him''.

I got arrested but no charges were ever filed. I have documents from the prosecutor stating that no formal charges were ever filed, I never went to court, and the ''matter was closed and sealed''.

The problem is I'm going to join the military and they pick up everything. I need to know if I'll show up on FBI background checks and if I can get it removed?

The State of NY was supposed to have *destroyed* my records, according to their own act cited on the documents sent to me. They also could request for the FBI to remove the records. If something shows up do I have any grounds to get them to remove it?


Asked on 5/05/09, 1:37 am

1 Answer from Attorneys
david bildner bildner law firm

Re: Criminal records

An expungement does not cause records to be destroyed - it causes them to be segregated and not released for routine inquiries. Government, whether police, military, etc., still have access to them. The military probably will pick it up and there's nothing that can be done to stop them. Since there was no conviction, you will probably still get accepted, but you will have to explain. Caution: if you are asked about it, DON'T lie. If you lie and get caught, you are in way more trouble than if you disclose it and have to explain.

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Answered on 5/05/09, 9:35 am


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