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Is expungement Worth while?

Garfield, NJ |

23 years ago I pleaded guilty to a disorderly persons offense in municipal court in the city of clifton nj for the offense of criminal mischief. I payed restitution for window broken and court fees. I was denied a gun permit. If I expunge and reapply will the local police department still deny me? Can they still see the expunged offense? I didn't receive a sentence, or probation, nor a fine.

I also didn't lose my right to vote.

Attorney Answers 5

Posted

You can still expunge the record. It may help with employment though I am not sure about the police department.

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Posted

Yes, it is definitely worth it.

The information provided in this answer does not create an attorney-client relationship and is not considered to be legal advice.

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Posted

No fine is unusual. You can expunge. It will be seen by law enforcement but most departments allow the permit if there is an expungement. Frankly on a DP you should get the permit without an expungement. Why not try and appeal if denied. The cost would be about the same and you could save alot. Oif course the espungement would help with other background checks, like for jobs. But that has not bothered you up to now.

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Posted

You can expunge, but the police will still see it. A dp conviction from so long ago should not prevent you from getting a firearms ID card. You are probably better off appealing the denial of the permit.

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Posted

It is worth getting an expungement of your criminal record, even if the offense occurred 23 years ago. You probably appeared in front of hang 'em Harry and the fact that you got off so easily back then is a big surprise given the way that he ran the courtroom. In any event, get the expungement and reapply for your Firearms ID Card so that you may lawfully purchase a firearm in this state. Good luck.

DISCLAIMER This answer is provided for educational purposes only. By using or participating in this site you agree and understand that there is no attorney client privilege between you and the attorney responding. This site cannot be used as a substitute for competent legal advice from a licensed attorney that practices law in the State where this offense is charged; and, who has experience in the area of law you are asking questions about and with whom you would have an attorney client relationship. The law changes frequently and varies from jurisdiction to jurisdiction. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance described in the question, or in the State where this charge is filed. I am an attorney licensed to practice in the State of New Jersey. Consult a local attorney if your case arises outside the State of New Jersey. If you found this answer to be HELPFUL then you can vote that this answer was helpful. If you found this answer to be the BEST ANSWER of all those presented, then you can vote that this answer was the best answer presented. Also, please be advised that any response to any comments made by the asker do not create an attonrey client relationship.

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Asker

Posted

Hello Attorney Skiendziul I recently expunged that now 24yr old record. At the time I wrote that last question I didn't have a great recollection of the outcome. I pulled my police report and seen I did pay a fine of $105.00. When interviewed by the prosecutor, I showed I payed restitution for a broken window, result from a fight. I explained to the district manager at the establishment what happened and he came to court, told the prosecutor I showed good faith and I'm owning up. I explained to the prosecutor I did not premeditate breaking the window, that it was an accident. The prosecutor said he wouldn't drop the charges (Criminal Mischief) but since it's my only time in trouble, if I pleaded guilty, he'd drop it to disorderly persons and have a record, didn't remember fines. My denial letter said, question #19 have you ever been convicted of a disorderly persons offense in New Jersey or a criminal offense in any other jurisdiction where you could have been sentenced up to 6 months in jail that hasn't been expunged. You said no and in fact you plead guilty so we are denying your request. In my mind 24 yrs later was my restitution, so I said no. Since then, I have searched out NJ judges ruling guidelines and found Presumption Of Non-Incarceration used toward first offense defendants charged with fourth degree crimes or disorderly persons offenses. Meaning no chance of jail time. Also, rulings used by judges seeking viable evidence to prove premeditating the offense which I didn't, so there wasn't. So, I must have had these two sentencing guide lines pliable to my charges so I feel I shouldn't have been denied. The fine was nothing, between damages being under $500.00 and the $105.00 fine, doesn't it fall under petty disorderly? That means I could only be jailed 30 days, and still have those ruling guidelines pliable to my offense. I shouldn't have been denied?? Can you shed some light on this, I'd really appreciate it. I see your in eatontown but you know Hang'Em Harry, are you originally from Clifton. Again I know your busy and putting these types of things on top of your itinerary, LOL, ain't necessarily happening. Your not an Attorney just to answer people questions. But if you have a minute it would really help to get your opinion. Regards, Rob

Jeffrey Anthony Skiendziul

Jeffrey Anthony Skiendziul

Posted

Contact the office to discuss this matter further and in a more private setting. Yes, I did hear hang'em harry stories as my office was previously located in Clifton. The office phone number is on my profile page (732)-389-8888.

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