This
blog was written as a public service to the People by Criminal Defense
Attorney, Vincent J. Sanzone, Jr.,
Esq.
After
a federal criminal case is dismissed the question is always asked by my clients
is can I now get this arrest expunged?
Unfortunately, the answer is no. Because
a federal arrest or conviction in New Jersey comes under the
jurisdiction of the Third Circuit Court of Appeals, it is currently not
possible to expunge a federal crime or misdemeanor in New Jersey, even if the case is
ultimately dismissed.
Unfortunately,
the federal third circuit has held that anyone arrest or convicted of a crime,
including all persons that had their cases dismissed, either by a dismissal by
the United States Attorney or acquittal by a jury are not entitled to any form
of expungement. The Third Circuit covers, New Jersey, Pennsylvania, Delaware and the U.S. Virgin Islands. Therefore,
anyone arrested by federal authorities and charged, even if the case is
dismissed cannot obtain an expungement of that arrest or dismissal. United States v. Dunegan, 251 F.3d 477, 478
(3d Cir. 2001); United States v. Rowlands, 451 F.3d 173 (3d
Cir. 2006)
As
usual, the United States Congress is not interested in seeking justice and
allowing even people who have had there cases dismissed receive an expungement
order. Therefore, former defendants, even innocent ones, are forced to
cope with the continued injury to their reputations, and difficulty in
obtaining employment, even when the charges are dropped. It is estimated
that 80% percent of American employers conduct background checks for criminal
records. This statistic comes from a study by the Society for Human
Resource Management. In many cases employers will use arrests, even ones
that lead to a dismissal of the charges as an excuse not to hire the applicant.
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