Criminal Defense lawyer Alfonso Gambone explains the difference between Pennsylvania and New Jersey with regards to expungements
Read my article on Expungements
gambonelaw.com...
A major distinction between Pennsylvania and New Jersey is that, crimes (felonies) and offenses (aka disorderly persons offenses) (misdemeanors) are eligible for an expungement despite criminal convictions. With regards to an indictable offense, any person, despite a conviction, who has not been convicted of any prior or subsequent crime or has not been judged as a disorderly person or petty disorderly person on two or more occasions can apply for an expungement 10 years from the date of conviction, the payment of a fine, the release from incarceration, or the completion of probation or parole, whichever is later. This individual, however, can first make an application 5 years after completing the matter. The court will grant the order for expungement if it finds that it is in the public’s interest, given due consideration to the nature of the offense and the applicant’s character and conduct since the conviction. The court will make this determination based on a number of factors including the fine imposed, the person’s age at the time of the offense, and other considerations.
Our law firm represents individuals in Pennsylvania (Philadelphia, Delaware, Bucks, Montgomery, Chester) and New Jersey (Camden, Burlington, Gloucester, Mercer) and frequently we have to remind them and their families of the differences between the two jurisdictions despite sharing borders and 5 bridges. The differences apply not only criminal offenses like the illegal possession of controlled substances and drunk driving (DUI/DWI) but also expungements. This topic is also discussed in many of my free books!
What is an expungement?
While the laws differ in the Commonwealth and the Garden State with regards to who and what crimes are eligible for an expungement, an expungement in both states means practically the same thing. New Jersey defines an expungement as the following
“ the extraction, isolation, and deletion of all records on file within any court, detention or correctional facility, law enforcement, or criminal justice agency pertaining to an individual’s detection, apprehension, arrest, trial, or disposition of an offense within the criminal justice system.”
What is actually expunged from a criminal record in New Jersey?
If an expungement is granted, the expunged records will include the following information related to the crime or offense:
the criminal complaint
the arrest warrants
the commitment (incarceration)
the processing records
the fingerprints
the photographs (mug shot)
the index cards, “rap sheets”, and judicial docket records.
In New Jersey, individuals can obtain an expungement of criminal records even if a person is convicted of a felony or misdemeanor offense. Keep in mind that New Jersey doesn’t classify offenses in crimes like Pennsylvania. In Pennsylvania, the law is very clear that criminal convictions, with exception to summary offenses, aren’t eligible for expungement. This means that a person who is convicted of a misdemeanor or felony offense will have a permanent criminal record within the Commonwealth. Recently, however, Pennsylvania has instituted a record sealing law which permits an individual to file a petition requesting that a court grant an order sealing their criminal record. Record sealing is different from an expungement and it simply limits persons who have access to the information. I encourage you to read my article on Pennsylvania’s record sealing law.
In New Jersey, crimes of the 1st, 2nd, and 3rd degree would equate to felonies in Pennsylvania and they’re classified as “crimes” or indictable offenses in the Garden State. Indictable crimes in New Jersey would be offenses such as murder, manslaughter, robbery, aggravated assault, some drug offenses, gun crimes (Graves Act), and some DWI related offenses (assault by vehicle). Non-indictable crimes are “offenses” in New Jersey and would not be considered felony offenses in Pennsylvania. These would include crimes such as simple assault, some retail theft, some drug offenses, and DWI.
28 апр 2021
