If you are not an United States citizen and seeking naturalization, can you get an expungement in New Jersey? My review of the New Jersey Expungement statute simply leaves me then answer– why not. The question then becomes can the Federal Government Agencies such ICE and the Department of Homeland Security ask you to divulge information pertaining to prior arrests and convictions.
It is my understanding that these agencies can ask you about prior arrests and convictions that have been expunged or sealed. But, wouldn’t it be better to have the incident expunged rather then not having it expunged. If someone is seeking naturalization into this country and they have a prior criminal conviction that has been expunged, and they have to divulge this information, isn’t it better to say that you have made every effort to have that information sealed. I think it speaks highly for the individual with regards to motivation in seeking gainful employment and contribution to society. And of course there is the possibility that the information will not have to be divulged. It is very difficult to become an American citizen and why not give yourself every possible advantage. It is important that you have an experienced New Jersey criminal defense attorney on your side at all times in filing a Petition for Expungement.