Have you been turned down from an employer because of prior mental history? Denied a Firearm’s ID permit or a handgun permit because of a psychiatric visit? Background Checks drawing a red flag? Is your mental health record negatively affecting your life? Relax! There’s hope because there’s a little known remedy to this problem here in New Jersey – it’s called mental health expungement.
Who is eligible for expungement?
According to N.J.S. 30:4-80.8. Petition to have commitment expunged from records:
Any person who has been, or shall be, committed to any institution or facility providing mental health services, or has been determined to be a danger to himself, others, or property, or determined to be an incapacitated individual as defined in N.J.S.3B:1-2, by order of any court or by voluntary commitment and who was, or shall be, discharged from such institution or facility as recovered, or whose illness upon discharge, or subsequent to discharge or determination, is substantially improved or in substantial remission, may apply to the court by which such commitment was made, or to the Superior Court by verified petition setting forth the facts and praying for the relief provided for in this act.
What happens after?
Under N.J.S. 30:4-80.11., if an order expunging a mental health commitment is granted, the commitment shall be deemed not to have occurred and the recipient of the expungement may answer accordingly any question related to the commitment. In effect, a person’s mental health commitment record is erased and legally deemed not to have occurred.
So how do you know if you are eligible? Any person that can prove to the Superior Court that their condition has been improved or cured is eligible for mental health expungement. At the Morano Firm, we are committed to fight for you and your rights the best we can, so that the quality of your life is improved. If you believe your mental health record is denying you opportunity for employment, or the ability to purchase a firearm, Call The Morano Law Firm LLC Today: 201-598-5019 for a no cost, no obligation meeting to discuss your individual case.