Don’t Let Past Mistakes Hold Back Your Future: New Jersey Expungement and Critical Timing for Immigrants
We all make mistakes. However, it is harsh if a moment of youthful indiscretion or a misunderstanding resulting in an arrest record continues to overshadow ten or twenty years of honest living, holding back your future.
New Jersey offers a legal remedy called “Expungement” to help individuals fully reintegrate into society. This is a court-ordered process that “seals” records of arrests, investigations, and trials, making them inaccessible to the public.
Today, based on various cases handled by Song Law Firm (names and details have been modified for privacy), we will explore why expungement is necessary and, most importantly, what immigrants must be cautious of before proceeding.
1. “Don’t Let a Background Check Derail Your Career”
[Case A: The College Senior, Mr. Kim] During his college years, Mr. Kim was involved in a minor altercation with friends and was charged with ‘Simple Assault.’ The case was eventually dismissed after a settlement with the other party. Mr. Kim assumed, “Since I wasn’t convicted, there’s no record.” However, after applying for an internship at a major corporation, his hiring was put on hold because an ‘Arrest Record’ appeared during the background check.
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Legal Advice: Many people mistakenly believe that a ‘Dismissal’ or enrollment in a diversionary program like ‘PTI (Pre-Trial Intervention)’ means the record automatically disappears. This is incorrect. Even without a conviction, arrest records remain in police and court systems. Once an expungement is granted, you can legally answer “No” to the question “Have you ever been arrested or convicted of a crime?” on job applications. This is a crucial step not only for employment but also for obtaining professional licenses (e.g., Nursing, CPA, Real Estate).
2. “Can I Clear Multiple Records?” – The Clean Slate Act
[Case B: Mr. Lee, Seeking a Fresh Start] Mr. Lee, now a father in his 40s, had three conviction records from his 20s, including shoplifting and minor drug possession. Under old laws, he was told expungement was impossible due to the number of convictions. However, hearing rumors of legal changes, he visited our firm.
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Legal Advice: New Jersey recently enacted the ‘Clean Slate Act,’ significantly relaxing eligibility requirements. Even if you have multiple convictions that were previously ineligible, you may now be able to wipe your entire record clean if 10 years have passed since your last sentence was completed (including payment of fines and end of probation) and you have not been convicted of any new crimes. If you were previously denied, a re-evaluation is strongly recommended.
3. [CRITICAL] The “Golden Rule” for Immigrants and Visa Holders
[Case C: Mr. Park, The Green Card Holder] Mr. Park, a permanent resident, had a past record of Shoplifting (dismissed via PTI). With the help of a lawyer, he successfully expunged his New Jersey court records. Feeling secure, he traveled to Korea for business. However, upon returning to the U.S., he was pulled into Secondary Inspection at the airport. The officer said, “I see an arrest hit, but no details,” and demanded court documents to prove the case outcome.
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Legal Advice (Crucial Warning): For immigrants, expungement can be a ‘double-edged sword’ if not handled correctly.
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Federal Records Remain: Even if a NJ State Court expunges your record, federal agencies like USCIS and DHS (Customs) can still see the arrest history via the FBI database.
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The Danger of Sealing: Once expungement is complete, the court records are legally “sealed.” This means even you cannot easily obtain a copy of the ‘Court Disposition’ anymore. You may find yourself in a difficult situation at the airport or during a Green Card/Citizenship interview when an officer asks for proof of how the case ended, and you cannot provide it.
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“Obtain First, Expunge Later”: Therefore, if you are a non-citizen, you MUST obtain several ‘Certified Copies of Disposition’ from the court BEFORE filing for expungement. You must keep these original documents safe for the rest of your life to present to immigration authorities when needed.
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4. Conclusion: “Criminal Law and Immigration Law Must Be Viewed Together”
Expungement is a powerful tool for a new beginning, but it is not a simple administrative task of filing a form. You must consider:
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Is my record eligible for deletion under current NJ law?
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How will deleting this record affect my immigration status (Visa, Green Card, Naturalization)?
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What documents must I secure before the records are sealed?
A mistake at the intersection of Criminal Law and Immigration Law can lead to irreversible consequences.
At Song Law Firm, we leverage our extensive experience to help you reclaim your rights and leave the burden of the past behind in the safest way possible. Do not hesitate to consult with our experts.
[Contact Us] Song Law Firm
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Phone: 201-461-0031
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Email: mail@songlawfirm.com
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Website: www.songlawfirm.com
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[Disclaimer] This column is intended for general information purposes only and should not be construed as legal advice for any specific case. Legal applications may vary depending on the specific facts of each individual case. For accurate legal advice, please consult directly with an attorney. Song Law Firm assumes no liability for any actions taken based on the contents of this column.
