Reviewed by Carl Spector, Esq.
Quick Summary: Criminal Record Impact & Expungement
- Employment: Convictions (and even some raw arrests) can result in lawful job termination or background check disqualification.
- Collateral Damages: A record can restrict professional licensing, limit federal student aid, impact housing approval, and complicate child custody trials.
- Expungement Relief: Clean up to 4 eligible offenses after a 6-year waiting period to legally remove the disclosure obligation from background screenings.
- Ineligible Crimes: Severe violent offenses—such as murder, kidnapping, robbery, arson, or drug distribution—can never be expunged in New Jersey.
If you’re facing a felony charge, it’s crucial to recognize the far-reaching implications that such a charge can carry. Beyond the potential consequences of hefty fines, imprisonment, and even the loss of certain rights, a felony conviction can disrupt one’s life far beyond the court-imposed sentence. Whether embarking on a new career or pursuing an education, a felony conviction can derail all you’ve been working towards. As such, it’s in your best interest to enlist the help of a seasoned Bergen County Criminal Defense Attorney who can help you combat your charges and defend your rights. Please continue reading to learn how a felony conviction can have severe ramifications on your career.
Will I Lose My Job?
Unfortunately, it’s possible that you will face the immediate termination of your employment following a felony conviction, especially if your court-imposed sentence involves serving jail time. This is because you must take a substantial amount of time off. In most cases, this occurs when an employee is convicted of a crime directly related to their job or reveals a moral problem. Even if you are not terminated immediately, you may lose your job eventually because of the time off from your career during your sentence or while you attend legal proceedings to handle your legal troubles.
Will I Have to Disclose My Felony Conviction To Potential Employers?
In today’s society, most companies perform background checks before extending an offer of employment. Employers are allowed to ask you if you have any criminal convictions. You must disclose felony and misdemeanor convictions, regardless of how long ago they were. If you do not disclose your conviction, the employer will discover it when reviewing your criminal history. If you do not report the conviction on your application, you can be fired for cause due to misrepresentation. Although the Equal Employment Opportunity Commission (EEOC) disapproves of companies having blanket policies prohibiting hiring those with a criminal history, companies can sidestep this policy by showing that the applicant’s conviction in some way relates directly to the job they would be performing.
Will I Be Prohibited From Entering Certain Professions?
Depending on the specific criminal offense you’re charged with, you may be excluded from entering certain professions. For instance, many schools will not hire individuals with felony convictions. If you’re convicted of sex crimes, you will not be able to work in professions involving children, as you raise a safety concern. If you received a felony conviction related to drugs or alcohol, you may not be able to find employment as a commercial truck driver because you raise a safety concern to operate such equipment. Ultimately, a felony conviction can severely limit your career choices.
What Are the Long-Term Repercussions of a Criminal Record in New Jersey?
A criminal record serves as an official compilation of an individual’s interactions with the legal system, ranging from arrests to convictions. It is important to understand, however, that even without a formal conviction, a criminal charge on your record can jeopardize your job opportunities, ultimately impacting your standard of living.
Long-Term Consequences You May Face
However, it’s important to understand that, beyond employment disruptions, the long-term consequences of a criminal record can impact several areas of your life, including:
- Housing Accommodations: New Jersey landlords often run criminal background checks on potential renters, and a criminal record may hinder your ability to find suitable housing.
- Higher Education & Financial Aid: A record may impact your eligibility for acceptance into colleges and universities. Additionally, certain criminal offenses, including certain drug or sexually-based offenses, may render you ineligible for federal student aid or student loans.
- Professional Licensing Boards: Certain state boards have the power to deny, suspend, or revoke special, professional licenses that are required to operate in your desired trade or profession.
- Immigration Status: For foreign nationals, a criminal conviction can have life-long immigration consequences, including the immediate denial of pending visa applications, rejection of green card paths, and even removal proceedings.
- Deprivation of Civil Rights: Depending on the crime you are convicted of, you may be stripped of your rights, including your right to vote, serve as a member of a jury, or even legally possess a firearm.
- Child Custody Disagreements: In many family court proceedings, a former spouse may allege that your criminal record, especially if it involves domestic violence or other violent crimes, may render you an unfit parent. This can seriously hinder your parental custody rights.
Can My Criminal History Be Erased Through Expungement?
In many instances, New Jersey will allow certain individuals the right to clear their name through a process referred to as expungement. This essentially clears your record from public view, meaning you no longer have a legal obligation to disclose your conviction on things like job applications, loan documents, or housing forms. However, it’s important to understand that the record isn’t destroyed; it will still be accessible to law enforcement and certain government agencies, though specific criteria must be met.
In accordance with New Jersey’s expanded expungement frameworks, eligible individuals can clear up to four convictions from their record after a shortened waiting period of six years, though some low-level, non-violent offenses are eligible for accelerated tracking. As such, the typical expungement pathway includes:
- Filing a formal Petition for Expungement alongside an Order for Hearing and an Expungement Order with the court.
- Drafting a detailed cover letter establishing all relevant components the court must record.
- Distributing certified copies of these filings to every government and law enforcement agency involved in your original case.
- Attending the mandatory court hearing to secure a final ruling on your expungement petition.
It is vital to note that New Jersey strictly prohibits the expungement of serious, violent crimes. Offenses that are permanently ineligible for expungement include murder, kidnapping, robbery, arson, perjury, sexual assault, and the distribution, sale, or possession with intent to distribute controlled dangerous substances.
Contact an Experienced Bergen County Criminal Defense Firm
If you’re facing a felony conviction in Hackensack, Paramus, or anywhere in Bergen County, please don’t hesitate to contact a dedicated attorney from The Law Office of Carl Spector, who can help shield you from your charges and avoid harsh penalties that can haunt you for the rest of your life. Our firm has unique experience, meaning we can bring a different perspective to help you fight for the best possible outcome for your circumstances. When you need help, do not hesitate to contact our office today to learn how we can represent you.