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Felony Charges and Expungement

Discussion in 'Criminal Records, Expungement' started by StephanieL12, Sep 24, 2019.

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  1. StephanieL12

    StephanieL12 Law Topic Starter New Member

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    Jurisdiction:
    New Jersey
    I was convicted of 2 charges back around the years of 2007 and 2010, fraudulent activity - use of credit card. I never went ahead to create fake accounts or anything of the sort. It was just use of credit card to purchase items. Growing up I never had a criminal record, nor was one to get involved with such acts. I did not know any better back then as I had a lot of emotional damage done to me while living at home. It has been more then 10+ years. I know that in the state of NJ should one have one felony charge, after 10 years pass you can file for an expungement. However, I believe with 2 felony charges you are, lets say stuck. When I got hit with my first charge I had to get a psychological eval. Upon reading it now, I look back and it is clear to me that I was going through a extremely rough patch at home and did not have a clear head. Now that I have been out of that environment and luckily was able to land an amazing job, it has become apparent to me what damage I had done due to the environment I was in and the people that surrounded me. Not saying that the law should base it upon just that, but it bothers me so much. I almost want to fight this. Do I have any chance at anything?

    I am aware of a clemency/pardon, I believe that those are extremely hard to get. I would also run into another sticky situation with that due to my job. Should I chose to file for a pardon, would my job find out? I look forward to hearing from you and what options I may have.

    Thank you for your time
     
    Last edited: Sep 24, 2019
  2. army judge

    army judge Super Moderator

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    If a person is convicted of one, two, three, or more felonies; he/she will forever bear the stain.

    Yes, states tout the fact that state convictions can be expunged (as in sealed), but that ignores the big gorilla sitting in the corner - the FBI.

    Even if a person is deluded into believing a conviction is hidden, that is only true to a limited extent.

    The Feds retain the mugshot, fingerprints, DNA, etc... collected upon arrest and conviction.

    Even if the state were to destroy those records (which in truth MOST don't), the big gorilla retains everything for all eternity.

    You can visit with a couple attorneys near you and discuss the "ins and outs" of the process, and even allow yourself to be fleeced of thousands of dollars pursuing that elusive whale that Captain Ahab once sought!


    CAUTION: I am not recommending any lawyer or law firm.
    If you proceed, make sure YOU conduct your own due diligence before coughing up (or forking over) your loot!!!!
    Read what NJ lawyers have to say:

    Newfield, NJ Criminal Lawyer | Criminal Lawyer Newfield, NJ | Law Offices Of Stephen B. Patrick

    Accident Attorney Montclair New Jersey - Auto, Car Accident Injury Lawyer - NJ 07042, 07043 | Branigan Law Firm

    New Jersey Expungement Lawyers | $695 All-Inclusive Expungements

    New Jersey Expungement Lawyers - Eligibility in New Jersey

    The State of NJ (who is going to snatch some cash from you, too) speaks on expungement:

    https://www.nj.gov/corrections/pdf/OTS/FRARA/ParoleHandbook/10557_expunge_kit-11-2012.pdf
     
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  3. justblue

    justblue Well-Known Member

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    What self-serving drivel. Many people have difficult home lives and don't steal from others. Blaming Mommy and daddy/wife/husband/kids/siblings/neighbors/bill collectors/milkman/foster parents/group home officials/dog/cat/parakeet/guppy... for your criminal activities is lame.
     
  4. StephanieL12

    StephanieL12 Law Topic Starter New Member

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    who said it was them? To jump to such a conclusion without knowing how/where or what I grow up in and with is appearing that you don't go around asking questions before hand. Must suck to not know how to collect facts before accusing and making yourself look foolish. Self-serving drivel, right back at you. Environmental situations can change a person, facts.

    Even if many people may have difficult situations at home, they are most likely taking it out in other forms. I am sure that once grown out or put in a better environment reflection occurs and allows them to see how their past was like and how they have grown and changed.

    I never said I don't have gratitude either.

     
  5. justblue

    justblue Well-Known Member

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    You're correct...you never did say it was your parents. I edited my other post to reflect this.
     
  6. StephanieL12

    StephanieL12 Law Topic Starter New Member

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    Thanks for the correction. Still does not put you in the light of being right about your edit. You still didn't ask appropriate questions, which to me is appearing foolish. I never blamed anyone in particular either, perhaps it was meant as a collective situation. Think about it. I am going to ask for you to take a step back now. It's not right to just bash anyone without the right information - though hard I can understand, as we are humans, at the same time it's healthy to have a scale and balance it out. So I am going to ask for you to do the same; grow and nourish yourself with knowledge. Thanks.
     
  7. PayrollHRGuy

    PayrollHRGuy Active Member

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    Anyone that doesn't take full responsibility for there own actions is by default not a good person in my book. Especially 10 years later.

    How old were you when you in 2007 & 2010?
     
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  8. army judge

    army judge Super Moderator

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    Yes, a pardon is rare at the state or federal level.

    A pardon, when doled out, tend to go to well connected people.
    A pardon can also go to a person that has done some extraordinary things after being convicted.

    Clemency would be of no value to you, in regards to what you're seeking.

    You also need to bear in mind, that if your current employer is unaware of your convictions from the past, if those convictions were to be discovered tomorrow trouble could ensue for you.

    What trouble, you ask?

    Very often an employer will simply terminate the employee for being less than forthcoming on the employment application.

    Some employers would simply exercise the option that allows employees to quit at anytime, "at will" employment, which allows an employer to terminate an employee "at will", too.
     
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  9. StephanieL12

    StephanieL12 Law Topic Starter New Member

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    I take full responsibility. It would make no sense not to take full responsibility.

    Where are you going with your post?
     
  10. StephanieL12

    StephanieL12 Law Topic Starter New Member

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    Okay, thank you. What if I have a conversation with the employer before hand and I explain to them what I am deciding on following through with?
     
    Last edited: Sep 24, 2019
  11. mightymoose

    mightymoose Moderator

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    Perhaps I missed it.... Why are you concerned about the employer? Did you do something to hide this conviction when you were hired?

    Since you are working now and this is far enough in the past, your best option might be to just live and let live. If this is not currently an obstacle for you what is the motivation to take any action at all?
     
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  12. army judge

    army judge Super Moderator

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    Before you do that, I suggest you speak to at least THREE local attorneys who claim to specialize in cleaning up someone's past conviction(s), as in the expungement process.

    Don't worry about the consultations costing you anything other than time, most lawyers grant an initial consultation/conversation at no charge to the prospective client.

    However, many employers will conduct random (some corporate wide) background checks regularly/annually/periodically anyway.

    You have a great deal to research and some very serious decisions to make in the near future.

    I commend you for trying to get things corrected/improved, sadly these days our leaders seem bent on punishment with little concern over rehabilitation.

    I wish you well, and please let us know what you discover on this journey.
     
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  13. army judge

    army judge Super Moderator

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    There is a great deal for you to consider in @mightymoose 's post, @StephanieL12
     
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  14. StephanieL12

    StephanieL12 Law Topic Starter New Member

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    No. I never said I don't take full responsibility - where did that come from anyway? What is your point exactly?
     
  15. StephanieL12

    StephanieL12 Law Topic Starter New Member

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    No one asked, therefore I never mentioned and also not trying to or intend on hiding anything. Yes it is very far in the past and I have and am living.

    It would be more so for the fact of future growth.

    Questions such as: What if I want to apply elsewhere and move forward considering the amount of knowledge I have gained and how far I have come along? What if I decide I want to open my own business? Wouldn't these charges hold me back? What if I am doing great and extraordinary things in life that I never knew I was capable of. I become concerned because as stated in one of the above posts, should my current employee find out I apply for a pardon I am not looking to risk losing my job. Such as exercising "at will".

    These are just thoughts and questions. At the same time, from the feedback I have received it sounds like I would have to take a bit of a gamble and play it smart.
     
  16. StephanieL12

    StephanieL12 Law Topic Starter New Member

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    Thank you for your feedback. It is much appreciated and my thoughts were exactly on the same page as mentioned in your post. Should I decide to tackle this, I will get back to you with the results

    Best
     
  17. PayrollHRGuy

    PayrollHRGuy Active Member

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    This is an example of not taking full responsibility.

    The point is there is a reason that it is really hard to get felonies off of one's record.
     
  18. StephanieL12

    StephanieL12 Law Topic Starter New Member

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    To answer the first post: I do take full responsibility. Your way of showing an example is terrible. That was me stating that I never said that. Do not argue with me about this at all.

    To answer the second: Yeah. okay and? You don't personally know my situation or what I do for a living or my character. I find it a bit hard to believe that you are truly a good judge of character. Life isn't about acting perfect, so please stop with that act. We all have our own faults and flaws and you know this.

    Also, in the state of NJ should one have one felony they are able to actually expunge it if it is in the 3rd/4th degree after 10+ years - this is true. If that is something that can happen, how did that start? Who made this happen? What makes it impossible for me to sit here and question that and wonder if there could be a possible way of cleaning up my past mistakes.

    I came here for advice, not to get bashed/bullied - go somewhere else with that please. This is not conducive
     
    Last edited: Sep 26, 2019
  19. PayrollHRGuy

    PayrollHRGuy Active Member

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    You are right I don't know you other than you have a felony and you seem to want to blame your tough home life for it.

    I know lots of people that had real hard childhoods and they never turned to crime. I also know lots of people that have pretty bad criminal records in their past. And every last one of them that have 100% cleaned up their life take full responsibility for their past actions.
     
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  20. StephanieL12

    StephanieL12 Law Topic Starter New Member

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    SEEM- KEY WORD.
    Just stop. Again you are not bringing anything good to the table. I am not blaming anything or anyone. I said I do take full responsibility. My life is clean. What I stated in the original post was me simply saying that environmental situations change a person. Go ask your people that you know that have criminal records too and see what they give you.
     

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