New Jersey Expungement to Obtain a Gun Permit Lawyers

Expungements to Restore 2nd Amendment Rights NJ

An arrest, charge, or conviction on your criminal record can spell negative implications for many components of your life. It may damage your reputation, hinder your career opportunities, prevent you from engaging in certain volunteer activities, impede your educational aspirations, and restrict you from one of your most significant Constitutional rights: the ability to purchase and possess a gun or other firearm. Fortunately, an expungement provides a single opportunity to wipe your proverbial slate clean. By obtaining an expungement, you can erase your criminal record of previous arrests, charges, or convictions that may prevent you from obtaining the gun permit you desire. However, the mandatory criteria for an expungement are extensive and the process is time-consuming, complex, and fraught with opportunities for error.

The attorneys at The Tormey Law Firm meticulously execute the expungement process for clients across New Jersey, including those in Bergen, Morris, Essex, Middlesex, Hudson, Union, Atlantic, and Somerset counties. Having successfully facilitated the expungement of thousands of clients’ criminal records, we have mastered every step of this complex process, from document requests to drafting the petition itself, submission, and serving all of the necessary parties. With a commitment to having every expungement that comes from our office granted, we take the time to ensure the utmost accuracy. Following the success of your expungement, we also walk you through the gun permit application process to assist you in achieving your desired result and restoring your gun rights in New Jersey. To speak with one of our highly knowledgeable New Jersey expungement lawyers today, contact our offices for an immediate cost-free consultation.

Expungements in New Jersey

An expungement is defined as the extraction, sealing, impounding, or isolation of all records on file. N.J.S.A. 2C:52-1. Consequently, if an order of expungement is granted, the arrest, conviction, and any proceedings related to the incident are deemed not to have occurred. To that end, if a person is asked whether they have been arrested, charged, or convicted of a crime, the individual can legally say no. Accordingly, if you obtained an expungement and are filling out your firearms permit application, you can legally say you have never been convicted of a crime or offense.

Expungement of an Arrest

In New Jersey, an arrest not resulting in conviction can be expunged from your record immediately after the charges against you are dismissed. The expungement can then be used to remove the initial arrest and associated charges from your criminal record.

Expungement of a Diversionary (1st Offender) Program

If you were admitted into Pre-Trial Intervention (PTI), a conditional discharge, or a conditional dismissal and successfully completed the probationary period then your charges were dismissed. However, there is still an arrest record. Under NJ law, you are eligible to file for an expungement six (6) months after your probation period ended and the charges were dropped.

Expungement of a Disorderly Persons Offense

If you are convicted of a disorderly persons or petty disorderly persons offense in New Jersey Municipal Court, you can expunge up to 5 of these offenses from your criminal record if you have never been convicted of a felony or indictable charge, 5 years have passed since your last conviction for a disorderly persons or petty disorderly persons offense, and you have paid all of the associated fines.

Expungement of a Felony

If you are convicted of a felony or indictable offense in New Jersey Superior Court, you may be eligible for an expungement 5 years from the date of your conviction, payment of fine, completion of probation or parole, or release from incarceration, whichever is later. If at least 4 years but less than 5 years has passed since that date, the court may grant you an expungement if it finds that you have not been convicted of a crime, disorderly persons offense, or petty disorderly persons offense since the time of the felony conviction; and that the expungement is in the public interest, considering the nature of the offense, and your character and conduct since the conviction.

Crimes that Cannot be Expunged

The following crimes are ineligible for an expungement at any time in New Jersey: Murder (except Death by Auto), Kidnapping, Luring or Enticing, Human Trafficking, Aggravated Sexual Assault, Aggravated Criminal Sexual Contact, Criminal Sexual Contact (if the victim is a minor), Criminal Restraint or False Imprisonment (if the victim is a minor and the offender is not the parent of the victim), Robbery, Arson, Endangering the Welfare of a Child (in cases involving sexual offenses and child pornography), False Swearing, Terrorism, Producing or Possessing Chemical Weapons, Biological Agents or Nuclear or Radiological Devices, as well as conspiracies or attempts to commit any of the aforementioned crimes.

Note that many of the crimes that cannot be expunged in New Jersey would also qualify you as a “Certain Person,” meaning a person who is prohibited from possessing weapons.

Restoring Your Gun Rights after an Expungement in New Jersey

In the Garden State, it is legal to possess a firearm inside your home or place of business. Contrary to popular belief, you do not need to register the gun. However, if you wish to purchase a gun, you do have to acquire the proper permits first. More specifically, to legally purchase a firearm, you must obtain a firearms identification card. If you wish to buy a handgun, in addition to the identification card, you must also obtain a purchaser’s permit.

To apply for a gun permit in New Jersey, one must submit an application. If doing so online, the applicant must first obtain the access code or ORI number from their local police department. From there, the person enters the code and is permitted to begin the application process. It starts by asking the applicant simple background questions such as their name, address, height, and weight. Next, the person must disclose their driver’s license number, social security number, and employment information. Then, the person will be asked a series of questions to determine if they are disqualified from owning a firearm such as, have you ever been convicted of a crime, have you ever been convicted of an offense concerning domestic violence, are you the subject of any restraining orders, have you ever been civilly committed, and are you suffering from any substance abuse problems. After that, you will be required to provide two-character references. At the conclusion of the application, you will be asked to sign a waiver so the police can examine your medical history.

Once the application is submitted, you will then be asked to make an appointment to be fingerprinted. The purpose of the fingerprinting is so the police can run a thorough background search to determine if you have a criminal record. The application process takes around 30 minutes. The subsequent investigation on the part of the police can take approximately one to two months to complete. Generally, if the individual does not have a criminal record or serious juvenile adjudication, and they are not the subject of an active restraining order, their permit application will be granted. However, if you are disqualified because you have a record, do not immediately give up. You may still be able to obtain a permit if you obtain an expungement.

Can I obtain a Firearm with an Expunged Record in New Jersey?

Contrary to what many believe, an expungement does not mean your record has been deleted, destroyed, eliminated, or removed. The records department does not permanently erase or shred your file. Rather, the records are closed to the public and may only be utilized or viewed under a specific set of circumstances. For instance, if a person wishes to enroll in a diversionary program such as Pre-Trial Intervention, Conditional Discharge, or Conditional Dismissal, the court may view a sealed record to confirm whether the person was previously enrolled. The reason for that is a person may only be admitted into a diversionary program once. Another example is the courts may utilize a sealed record when determining pre-trial release or sentencing a person. The parole board can also view an expungement record when making a determination. And lastly, if you wish to be employed by the judicial branch or apply for a job with law enforcement, a sealed record can be reviewed to determine if you are fit for the position.

Nonetheless, there is no statute, rule, or case that says an expunged record can be utilized in connection with a firearm application. In fact, in In re Criminal Records of H.M.H, 404, N.J. Super. 174 (Law Div. 2008), the Court held that our lawmakers have had time to change the expungement statute and add an additional exception but they have chosen not to act. Therefore, the conclusion must be drawn that a person with a prior criminal record that was expunged may apply for a gun permit. However, please note, the record itself cannot be used against an applicant. Meaning, the chief of police cannot deny an applicant due to a prior conviction. Moreover, if the gun permit matter is appealed, it would be improper for the reviewing judge to deny the application because of a prior sealed conviction.

Nevertheless, the State can still argue that the applicant poses a safety concern and utilize other material or witness testimony outside the scope of the expunged record to prove their case. For instance, perhaps a person was previously convicted for simple assault because he or she struck their partner. Several years pass and the person files for an expungement and it is granted by the court. Thereafter, the individual applies for a firearms permit. It would be improper for the police to deny the application because the person has a criminal record. However, if the police speak to the victim and the victim explains what occurred, the permit can be denied on the basis that the applicant poses a risk to the public.

The presence of an expunged criminal record can be used as a discretionary basis for denial of either a Permit to Purchase a Handgun or Permit to Carry a Handgun. Prosecutors can and sometimes do ask the court to reopen an expunged criminal record for a limited purpose of determining whether you have the essential character of temperament necessary to be entrusted with a firearm pursuant to NJSA 2C:58-3(c)(5). If you are denied your ability to lawfully exercise your second amendment rights on the basis of the existence of an expunged criminal record, we can help you appeal and fight in court to enable you to exercise your second amendment rights legally in New Jersey.

When it comes to expunging criminal records in New Jersey, there is a mechanism available to the Prosecutors whereby they can unseal an expunged record and have it reopened temporarily for a limited period and a limited purpose of determining whether to issue a gun permit in New Jersey. Our attorneys have seen this happen more frequently in matters where criminal records are expunged recently or the expunged record contains serious allegations, such as weapon use, physical violence, or criminal charges in connection with domestic violence situations. If you are denied a firearm permit due to an expunged criminal record, then it is more
important than ever to protect your rights and your reputation. We can speak to you directly and confidentially to address concerns over denied firearm permits due to an expunged criminal history.

Frequently Asked Questions (FAQ) About Expungements to Restore Gun Rights NJ

FAQ: If I have a criminal record, can I still obtain a firearm legally in NJ?

The short answer is ‘it depends’. While having a criminal record may not automatically be a prohibition to owning firearms legally in New Jersey, it can be. The State of New Jersey is hostile towards those individuals who wish to lawfully exercise their Second Amendment rights despite what has occurred in recent years in the US Supreme Court (Bruen decision) and despite what other state legislatures have done to make it less difficult for their residents to exercise their Second Amendment rights. If you have a criminal record, regardless of the nature or extent of your criminal record, it is always highly advisable to expunge your record if you can do so. Don’t give law enforcement (Police Chiefs or New Jersey State Police) a reason to deny your application to obtain a firearm or carry a firearm. Just because your criminal record may not be an automatically a reason to deny your application, it can always act as a discretionary reason to deny your application. Put your best foot forward before applying for a firearm permit and eliminate as many reasons as possible for law enforcement to deny your ability to lawfully exercise your Second Amendment rights in New Jersey.

FAQ: What is considered a criminal record in NJ?

A criminal record is often considered any arrest for either a criminal charge or for a local ordinance. While an ordinance is not a crime, an arrest or a conviction of an ordinance can still be expunged the same as most criminal matters. An arrest for a criminal charge that does not result in a conviction but a dismissal by entry into a diversionary program (Conditional Dismissal or Pre-Trial Intervention (PTI)) can still be expunged and still should be expunged even though a dismissal of a criminal charge is not an automatic reason to deny someone their Second Amendment rights. Dismissals of criminal charges by way of entering into a diversionary program can still nevertheless be a discretionary reason to deny someone their right to lawfully exercise their second amendment rights, so it is best to remove any potential reasons for law enforcement to deny giving you a permit.

FAQ: If I only have arrests but no convictions, should I still expunge them from my record before applying for a gun permit?

Short answer is it depends. As stated above, if your dismissal is the result of entering into a diversionary program, then yes you should get an expungement. If your dismissal of a criminal charge results from either going to trial and being found NOT guilty or dismissal by means of NOT entering a diversionary program, then the expungement is expedited, and is done automatically by the court at no additional cost to you.

FAQ: If my only convictions are for an ordinance or disorderly persons/petty disorderly persons charges, do I still need an expungement?

Short answer is it depends. As stated above, if your conviction is an ordinance, you should get it expunged to remove any discretionary reasons that law enforcement can use to deny you having the legal ability to obtain a firearm in New Jersey. If, however, your Disorderly Persons (DP) conviction is the result of an allegation that stems from domestic violence, then you need to have that conviction expunged, as that type of DP conviction, such as contempt of violating a restraining order, is an automatic reason to deny you the ability to exercise your Second Amendment rights in New Jersey.

FAQ: If I have a felony conviction, do I still need an expungement if I didn’t do jail time?

YES you do. The punishment for being convicted of a felony in New Jersey has no bearing whether such a conviction would bar you from being able to exercise your Second Amendment rights in New Jersey nor does the nature of the offense (in most cases). If you are convicted of a felony, regardless of how long ago, and you can expunge it from your criminal record, then you need to expunge it from your criminal record before applying for any gun permits in New Jersey.

FAQ: If I have a felony conviction and I am unable to expunge it, what do I do now?

While most felony convictions can be expunged, certain felony convictions cannot be expunged. If you are convicted of a felony in New Jersey and it cannot be expunged, your option would be to ask the Governor of the State of New Jersey to issue a pardon of your criminal record. This can be done after your conviction and after you serve any sentence (payment of fines or end of jail time/parole or probation). It is best practice if you are denied a pardon application to then you can reapply each time a new Governor takes office and ask again for a pardon.

FAQ: If I have a conviction from outside NJ, can I still own guns in NJ?

It depends on what you were convicted of and the maximum punishment you could have been subject to for the conviction. If the maximum punishment you could have received for your conviction exceeds one year, regardless of the actual punishment you were subject to, then you are considered a ‘felon’ by New Jersey and would need to remove that criminal conviction from your record to apply for a permit to purchase or carry a firearm in New Jersey before applying for a non resident permit to purchase or carry a firearm issued by the State of New Jersey. This applies even if the offense you were convicted of is considered a misdemeanor in your home state and such a conviction would not prohibit you from firearms ownership. If you have a criminal record outside of New Jersey that would prohibit you from owning firearms in New Jersey, speak to an attorney from the state where the criminal conviction took place for further guidance.

FAQ: If I only have a juvenile criminal record but no adult arrests, do I need to expunge my record to own a firearm?

Short answer is it depends. While most juvenile convictions/adjudications are not an automatic prohibition to firearms ownership, there are some which can automatically prohibit you from lawfully owning firearms in New Jersey (juvenile adjudications involving weapons offenses). If you are adjudicated delinquent/convicted of an offense which would automatically prohibit you from owning firearms legally in New Jersy, then YES you must expunge your juvenile record, regardless of the age of the offense. Even if the juvenile adjudication is not an automatic prohibition to own firearms in New Jersey, then you should expunge that matter from your criminal record for the reasons listed above (remove reasons from law enforcement to deny you a gun permit).

FAQ: My record was expunged. Can my expunged record still be brought up when I apply for a gun permit moving forward?

Short answer is YES but an expunged criminal record is not an automatic prohibition to lawfully own firearms in New Jersey. Moreover, that would take additional legal work for the prosecutor to ask the court to sign an order to temporarily unseal an expunged record for a limited purpose of determining whether an expunged record can be used as a discretionary reason to deny an applicant a gun permit. If this happens, this is a fact-sensitive question and the presence of an expunged criminal record can act as a discretionary reason to deny someone from obtaining their firearm permits in New Jersey. If you find that your criminal record has been expunged, and you are still being denied your ability to exercise your second amendment rights due to the existence of an expunged record, then having legal representation when appealing the denial becomes crucial in helping you show that you should still be able to exercise your second amendment rights despite the existence of an expunged criminal record.

How to Get an Expungement for my Gun Permit Rights NJ

If you are seeking an expungement, have questions about the process, or are unsure about your expungement eligibility, contact our offices today at (201)-614-2474 to find the answers you need. We are available anytime to provide you with a cost-free consultation.