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LawHelpNow
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Experience:  Relax. Let's work together. Practical solutions.
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Submitted: 1 year ago.
Category: Criminal Law
Expert:  Dimitry Esquire replied 1 year ago.
Thank you for your question. I am a New Jersey licensed professional and will do my best to assist you.

What specifically is your question?
Customer: replied 1 year ago.

In 2005 I was charged with Second degree assault (misdemeanor) in Maryland. I was PBJ'd in 2007 for three years. Since then I have had my charges expunged.


 


I realize my records are now sealed from public records.


 


I know that I still have my record on the FBI records.


 


My question is can I have my record erased from the FBI database and if so how would I go about this?

Expert:  Dimitry Esquire replied 1 year ago.
Josh,

Thank you for your follow-up. I will go ahead and open your question to a criminal law expert. Hold on, please.
Customer: replied 1 year ago.

Thank you.

Customer: replied 1 year ago.

Thank you


 

Expert:  LawHelpNow replied 1 year ago.

Hello,


My name isXXXXX'm a licensed attorney. Glad to try and help out.

Sure sorry for the circumstances, truly. My heart goes out to you.


Accordingly, please know it brings me no joy whatsoever to share the following news with you. No, the law does not allow for such, I regret to say. I would love to say otherwise, but that just isn't the case.

Congratulations on your expungement, which is great, but here's where a lot of misunderstanding arises. Even though you've scored this victory, your entries will not be purged from law enforcement records, period. They are indeed not available in the public records, such as for employment applications, but they will always remain in the official governmental records.


I have spoken speak candidly rather than doing you the disservice of lying or misleading you. I didn't enact the law, and personally I often disagree with it, but nevertheless we're all stuck with it.


I am sorry.

If you have a follow-up question or need clarification, please just say the word by using "reply" to reach me.


I truly hope all works out for you.


Take care,


Ben, J.D.

Customer: replied 1 year ago.

I would like to be a Physical Therapist.

 

I realize they run background checks for licensing and for employment.

 

Is there any way that you know that this will affect my going forth in this endeavor?

 

Do you know of any Licsensing lawyers in New Jersey?

Expert:  LawHelpNow replied 1 year ago.
Hello again Josh,
Thanks for writing back..great to hear from you!
I'm also a registered nurse, so I've been through a similar process. Accordingly, I'm very pleased to share some good news with you and hopefully afford you some peace of mind. Notwithstanding what I said earlier, you're in good share here, as follows. Let's assume (just hypothetically, of course), that you're prosecuted for murder. You can't simply rely on the expungement at that point, as the prosecution will have knowledge of your prior record, regardless of the expungement. However, you have a very different outcome with your licensing and employment situation. In both instances, two forms of relief are afforded under the law. First, you can lawfully say "no" when asked if you have a prior record, that neither an arrest or a conviction even happened. Secondly, when an inquiry is made into your past, and this means both federal (FBI) and state records, they will report back (to the inquiring agency or employer), “no record”. In other words, yes the FBI technician can see something is there, but to the rest of the world the reply will be negative.

Hope that helps some more...hang in there...we need quality Physical Therapists and it's an awesome field!
Best regards,
Ben, J.D.
Customer: replied 1 year ago.

So you are saying that I can be a physical therapist with an expunged misdemeanor?

Expert:  LawHelpNow replied 1 year ago.
Hi Josh,
Yes, indeed, that's exactly what I'm saying.
Kind regards,
Ben, J.D.
LawHelpNow, Attorney/Lawyer
Category: Criminal Law
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Experience: Relax. Let's work together. Practical solutions.
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