Articles Posted in expungement

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Young man in handcuffs -- pranks that cross the line have serious consequences that may need criminal defense attorneyPranks, dares, and social media challenges may seem like fun on the surface, but they can quickly cross the line. When that happens, the consequences can be serious.

Activities that result in physical harm to another, damage to property, or panic throughout a community can lead to criminal charges ranging from disorderly persons offenses to indictable crimes, resulting in both criminal and collateral consequences. In extreme cases involving older juveniles and the most severe crimes, there is the possibility of the case being waived up to adult superior court.

Collateral consequences of prank-related crimes can impact the offender’s life long after the court-imposed penalties are completed. These consequences can affect the offender’s educational opportunities by resulting in the denial of admission, loss of scholarship or financial aid, or probation, suspension or expulsion from classes. They can also affect the offender’s ability to obtain a professional license, especially when seeking a career in the medical, dental, law, or accounting fields.

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Felonies remain on criminal record until record is cleared through expungement.In New Jersey, felonies are referred to as indictable offenses, misdemeanors as disorderly persons offenses. Indictable offenses are serious crimes with penalties ranging from 18 months to life in prison. Convictions carry lifelong consequences.

  • 1st degree offenses, such as murder and armed robbery, carry penalties of 10 to 20 years or life, in prison
  • 2nd degree offenses, such as aggravated assault, carry penalties of between 5 to 10 years in prison
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Expungement seals or erases criminal records so they will not come up in request for criminal background checks.Having a criminal record can impact an offender’s life long after their case has concluded. A criminal record may affect one’s ability to gain employment, obtain housing, and hold certain professional certifications and licenses, among other things. In some instances, qualifying offenders can avoid this by having their criminal records expunged.

Expungement is a process by which individuals can petition to erase their convictions from their public criminal record. Once granted, the expungement will remove, seal, or isolate all information regarding an arrest, court proceedings related to that arrest, any criminal or juvenile conviction, and all outcomes of the case, including sentencing. Thereafter, any expunged information can be revealed only to law enforcement, and judiciary or corrections agencies. The offender has the right to tell others, including potential employers, that he or she has no criminal record.

Every state has its own expungement laws. In New Jersey, expungement petitions are decided by a judge in the Superior Court of the county in which the offender was arrested or convicted. For crimes committed outside of New Jersey, offenders would need to seek legal counsel in the state or county where they were convicted.

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