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Records Required to Be Kept Private
When an expungement is granted, law enforcement agencies are required by law to keep that person’s records private. However, the law does allow expunged records to be used later in certain cases. Should the person ever again become involved in any criminal proceedings, the records can be used. This means that if the person is arrested following expungement, his or her past records will be considered in deciding eligibility for the pretrial intervention program (PTI), bail, or probation. If a crime victim files a claim with the Violent Crimes Compensation Board, the expunged records of the person convicted of the crime can be used in connection with the claim. If the criminal activity or arrest results in the person being incarcerated, the Department of Corrections is allowed to use the records in deciding how to classify and assign the prisoner within an institution. Also, following a conviction and a jail sentence, expunged records can be used in deciding eligibility for parole (early release). Further, the Expungement Order does not bar the retention of material and/or information required for purposes of the Pretrial Intervention Registry pursuant to R.3:28(e), and shall not prohibit the filing of reports required under the Controlled Dangerous Substance Registry Act of 1970. Therefore, your record will not be removed from and can be placed in these registries.
Many people want to go through the expungement process so that they can have clear records when they apply for jobs. However, the law does allow expunged records to be used when a person applies for a job with a law enforcement agency. This includes jobs with state, county, and local corrections departments, prosecutors, courts, and police. This does not mean that those agencies will never employ people with records, but it does mean that those applying must still reveal the existence of an expunged record on a job application.
Agencies that are not associated with law enforcement (such as the Real Estate Commission or the Department of Insurance) that require information about a person’s criminal record prior to expungement cannot be ordered legally to correct their records after an Expungement Order is granted. Such agencies are beyond the reach of expungement orders and may continue to publicize such information.