Legal Question in Criminal Law in New Jersey

expungement

about 8 years ago i plead guilty to eluding police, im going to get this expunged and sealed does that mean when i get ask the question ''have you ever been convicted of a crime or felony?'' can i answer no?


Asked on 8/24/01, 10:06 pm

2 Answers from Attorneys

Savyon Grant Law Office of Savy Grant

Re: expungement

In short the answer is "Yes", you can say that you have not been convicted of a crime.

Legally once your matter has been expunged you can state that the crime never occurred. When a criminal activity is expunged, it does not appear on you criminal case history sheet. There are of course exceptions to this rule.

Best regards,

Savy Grant

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Answered on 9/05/01, 11:14 am
Allan Marain Law Offices of Allan Marain

Expungement

Once you obtain the expungement, you can legally state the the expunged event never occurred. You can state this even under oath. You can state this on employment applications.

There are some limited exceptions where you are still required to divulge the event that was expunged. Those exceptions are the following:

1. If you ever make future application for expungement of another matter;

2. If you ever apply for employment with any law enforcement application;

3. If you ever apply for a position in the judicial branch of government; and

4. Possibly, if you are a non-citizen and apply for naturalization. I say "possibly" here because the law is not completely settled in that regard. If that situation should ever apply to you, you should seek advice from an immigration lawyer.

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Answered on 9/04/01, 6:10 am


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