How Can Someone Verify The Charge Was Expunged?
Once the expungement goes through, the person should run their criminal history again, which will cost about $40, to make sure the charges were off and someone who is really detail-oriented can call all the agencies that were served to make sure they actually did it. In 20 years, I have only seen one incident in which a municipal court did not expunge someone’s charges because they forgot; they received the order but forgot to do it and I found that out when my client applied for a gun permit or something like that and he called the court, who told him the charges came up on his record, which surprised him, since those charges had actually been expunged. They realized their mistake and I then had to re-send them the order, but this was around five years later.
Is Someone Home Free If They Don’t Show Up On Google?
People think, if it is not on Google, it didn’t happen, and what shows up on Google stays on Google, although I have no idea what that means. With the wonders of technology and the Internet, if something went onto Google and the person got it expunged, it won’t be expunged from Google, since the expungement is only binding on criminal justice agencies. If someone is arrested and the local newspaper picks it up, and someone puts it on their Facebook page or puts it on Google, the expungement will have no effect.
If you google yourself and you find your criminal record on Google, getting an expungement won’t remove it from there. In my practice, I will send the expungement order to the news agency or to the webmaster who put it up there and I would tell them I have a court order from New Jersey expunging this, but they are neither responsible nor required by law to remove it. Nevertheless, I’ll still request that they take it off because I want to protect my client and because it’s actually a disorderly persons offense in New Jersey if someone knows about an expungement and they disclose that the person who got the expungement had actually been charged and arrested; they can be fined $250. I cite the statute in my letter and tell them that, since they are now aware of the expungement, they can technically be charged if they continue to disclose that information.
Is Someone Clear If They Search For Their Name and Nothing Came Up?
I will usually ask clients if they remember ever being arrested or charged; if they say yes, my next question is whether they remember which town it happened in. For example, if they say it was Cherry Hill, I will tell them go to Cherry Hill and make an OPRA records request. On the other hand, if the person says they have never been arrested or charged, that they had run their criminal history and nothing came up, I will say they have nothing to worry about. Of course, I have also dealt with people who have run their criminal histories and found convictions on their history and that a friend or family member had used their information, which is not uncommon.
Even if it was not their conviction, it is still in their name and they can’t expunge it; they will have to use a completely different and creative tactic, by going to court to have the conviction overturned by proving they were not the person who committed the crime. I have handled this several times as part of my practice.
How Does A Record Look After Successful Expungement?
Once something had been successfully expunged, the record will look as if nothing happened, which means, if someone like an employer ran their criminal history, there will be no identifiable record, which will absolutely be a relief for the client and will make them very happy when these go through. I also really enjoy doing them for clients.
Under What Circumstances Would Someone Have To Disclose A Conviction After It Was Expunged?
The person will have to apply for PTI if they had an expungement and picked up new charges, and they will have to inform that they had a prior expungement because it could potentially bar them from getting into the PTI. Another time they have to mention it is if they’re applying for another expungement because they have to verify the previous ones and they will also have to disclose it if they sought employment within the judicial branch or with a law enforcement or corrections agency.
These are the three times when someone has to disclose an expungement, although there are other times when it has to be revealed, such as if the person applied for PTI, because then the court system can see the expungement. If someone is convicted, then at the time of sentencing, the judge can rely upon a prior conviction even though it was expunged and if they went to state prison, the Department of Corrections can see that prior conviction, as can the parole board.
For more information on Making Sure Charges Are Expunged, a free initial consultation is your next best step. Get the information and legal answers you’re seeking by calling (856) 861-6355 today.
Contact Us Today To Find Out The Best Defenses That Are Available For Your Case. Click Here to Schedule a Consultation