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Thursday, June 20, 2013

New Jersey Law Part 1: Expungement

       One of the reasons why it is vital to consult a seasoned litigator when you are facing criminal charges is that experienced criminal attorneys such as myself know all the ins-and-outs of the court system and how you utilize that system to your benefit. One of the lesser known options that the New Jersey Court system offers is called expungement.

        When a person is arrested in New Jersey, regardless of whether or not they are convicted of the crime, a criminal record is created in order to document that arrest. Even criminal matters that may seem trivial, like matters that result in a summons or fine, may be recorded as arrests on your criminal record. These “arrests” can show up when a potential landlord, employer, or creditor checks your record and could have a detrimental effect on your livelihood!

        Fortunately, my firm has experienced these types of cases many times before and can guide you through the process of expungement. New Jersey State Law describes an expungement as “the removal and isolation of all records on file within any court, detention or correctional facility, law enforcement, criminal justice agency or juvenile justice agency concerning a person's apprehension, arrest, detention, trial or disposition of an offense within the criminal or juvenile justice system”. After an expungement, your record will be completely clean and you can legally treat the arrest as if it never occurred. This results in saving you substantial money and employment opportunities!

        However, not everyone’s record is eligible for expungement. In order to determine whether your particular case is eligible, you must consult an attorney familiar with the process so that he or she can review the details of your situation.

If you are interested in finally getting your record cleared, or would like to learn more about the process of expungement, please feel free to call the Law Office of Kevin P. McKernan at 718-317-5007

This Blog is Part One of a three part series about the unique aspects of New Jersey law. Be sure to check back soon for Part 2!

- Kevin McKernan

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