Confidentiality of Information Mandated by Supreme Court of New Jersey
NJExpungements.com, and Expungement Lawyers in New Jersey™: Who We AreNJExpungments.com is one of the web sites of New Brunswick criminal defense lawyer Allan Marain and his assistants. Expungement Lawyers in New Jersey™ is the descriptive trade mark that pertains to Mr. Marain's expungement practice. Expungements comprise a very major part of that practice.
Information We Collect from Visitors
Visitors to NJExpungements.com can access its home page, and browse most areas of the site without disclosing any personally identifiable information. Personally identifiable information is collected only from those individuals who complete the questionnaire that begins on the questionnaire page, or who provide additional information through e-mail, telephone, or snail mail. Completing the questionnaire, in and of itself, actually discloses no information to Expungement Lawyers in New Jersey™. Information is disclosed if and only if the visitor then elects to e-mail the completed form to Expungement Lawyers in New Jersey™. The questionnaire page has buttons that enable the visitor to email the form, or to cancel the whole process. Visitors should also understand that emailed information can be intercepted enroute. The likelihood of such interception is remote. Expungement Lawyers in New Jersey™ are not aware of any instances where it has happened. Nonetheless, a small risk exists. Telephone and snail mail communications are probably safer.
Information We Collect When You Register
This site contains no provision at this time for visitors to register.
Information from Outside Sources
Expungement Lawyers in New Jersey™ obtain information from outside sources, as needed. Sources for this information include relevant courts, local police departments, New Jersey State Police, the FBI, and commercial databases such as Westlaw. Expungement Lawyers in New Jersey™ use obtained information in order to determine eligibility for expungement of arrests and criminal convictions, and to prepare court papers in connection with seeking expungements for clients.
Information that Expungement Lawyers in New Jersey™ collects on this site is limited to information that visitors may choose to provide in the questionnaire, as indicated above. However, each page on NJExpungements.com contains links that enable the user to e-mail Expungement Lawyers in New Jersey™. Expungement Lawyers in New Jersey™ review all e-mails so received, and provides such follow-up as may be indicated. e-mails received from this source are typically from prospective clients. Expungement Lawyers in New Jersey™ reviews e-mails and makes a preliminary assessment of whether Expungement Lawyers in New Jersey™ may be able to assist the sender. Where such assistance may be feasible, Expungement Lawyers in New Jersey™ will attempt to follow up on the inquiry. Expungement Lawyers in New Jersey™ will use contact information in the e-mail for that purpose. That contact information typically is either a telephone number, or an e-mail address. Telephone information may specify best times for the user to obtain a return call. Expungement Lawyers in New Jersey™ honors such requests when the best time is during normal business hours. Expungement Lawyers in New Jersey™ attempts to honor such requests even outside normal business hours. However, commitments for other activities may delay response before Expungement Lawyers in New Jersey™ is able to make the return call.
The follow up that Expungement Lawyers in New Jersey™ makes will typically result in obtaining additional information. Expungement Lawyers in New Jersey™ evaluates that information and uses it in the same manner as information obtained directly from answers to the questionnaire.
Expungement Lawyers in New Jersey™ does not employ cookies, log files, or pixel-tags (Web beacons) to identify users as they move through our Web sites. Users' browsers allow web hosts to place some information (session based IDs and/or persistent cookies) on their computer's hard drive that identifies the computer they are using. Expungement Lawyers in New Jersey™ does not use these technologies.
All requested information is voluntary
All information that you may submit is submitted voluntarily. However, unless the information is provided, Expungement Lawyers in New Jersey ™ will be unable to make a preliminary online assessment of the visitor's eligibility to have his or her record of arrests and convictions expunged.
How we use the information
As indicated above, the only information that Expungement Lawyers in New Jersey™ collects through use of its site is information that the user elects to provide through completion and transmission of questionnaire data, and through transmission of e-mails using the site's e-mail links. Expungement Lawyers in New Jersey™ reviews all information so provided. Questionnaire data are used to determine whether the visitor may be eligible to have his or her record expunged. When it appears that the record may qualify, Expungement Lawyers in New Jersey™ will use contact information provided by the visitor to seek follow-up information. Submitted data that indicates that the visitor is clearly not qualified will generally receive no follow up. For example, submitted data may indicate that the visitor has been convicted of robbery, or arson. Those are two offenses that can never be expunged under present New Jersey law. Expungement Lawyers in New Jersey™ will generally discard such responses. On rare occasion, such responses may indicate that the visitor may benefit from other legal services. For example, a visitor's answers may suggest the possibility that a civil rights cause of action exists. Expungement Lawyers in New Jersey™ may attempt to contact the visitor, using contact information that the visitor provided, to explore that possibility. Note, however, that Expungement Lawyers in New Jersey™ assumes no responsibility whatsoever for such follow up. The mere act of completing and submitting the questionnaire, or sending an e-mail to Expungement Lawyers in New Jersey™ does not create an attorney-client relationship.
Expungement Lawyers in New Jersey™ uses information that you provide ONLY for the purposes just indicated. We never sell your information to third parties. Your information does not go onto a mailing list. Your information is used only to explore whether your record can be expunged and, if so, to begin processing for that expungement. “Processing” may include addressing issues that must be resolved before actual work on the expungement itself may begin. For example, if prior a court matter was never officially concluded, processing may address the steps needed to conclude that matter.
How Expungement Lawyers in New Jersey™ handles privacy internally
We have implemented technology and security policies, rules, and other measures to protect the personal data that we have under our control from unauthorized access, improper use, alteration, unlawful or accidental destruction, and accidental loss. We also protect your information by requiring that all our employees and others who have access to or are associated with the processing of your data respect your confidentiality.
Storage of legal and personal information information
Expungement Lawyers in New Jersey™ does not require visitors to register, or to provide passwords. Expungement Lawyers in New Jersey™ authenticates identity of users only when an attorney-client relationship is established. Such authentication may rely upon notaries requiring appropriate identification when clients verify expungement petitions.
Personally identifiable information that you share with us is stored on our computer hard drive, and in paper files. Computer information is backed up routinely, in order to aid in the recovery of information in the event of accidental damage of information or due to a natural disaster. Encrypted backups of computer data are stored offsite. Expungement Lawyers in New Jersey™ uses a firewall and other technology to prevent individuals from accessing information without authorization. The premises itself is secured during non-business hours by an alarm monitoring firm.
Consistent with R.P.C. 1.6, Expungement Lawyers in New Jersey™ may share some kinds of information with third parties in the following manner: Visitors who provide information generally do so for either (or both) of two reasons. The first reason is that they are seeking advice or opinions concerning their situation. Information provided for that purpose is treated as completely confidential. In most cases, only Expungement Lawyers in New Jersey™ and its staff shall have access to that information. Normally staff would ever see such information only were they to assist in researching an answer to an arcane legal issue. In some cases, Expungement Lawyers in New Jersey™, in the normal course of assisting visitors, will divulge information to third parties. Typical situations where this happens is where the visitor seeks assistance from Expungement Lawyers in New Jersey™ to determine additional details concerning their matter. In such cases, Expungement Lawyers in New Jersey™ would need to provide to court personnel, or personnel in other government agencies, sufficient information so that they could identify the person in question in order to retrieve relevant records.
The second reason is that the visitor retains Expungement Lawyers in New Jersey™ for the purpose of seeking some kind of relief from the court. In most cases, the relief in question would be expungement of records, although other court remedies are sometimes at issue. In any case, visitors are then giving Expungement Lawyers in New Jersey™ implicit authorization to use their information for purposes of preparing documents for filing with the court. Once filed, that information is processed by clerical personnel in the court, by judges, and by judges' staff. After filing, Expungement Lawyers in New Jersey™ must then serve prepared documents upon designated government agencies. Those agencies include the Superintendent of State Police, the New Jersey Attorney General, the county prosecutor, the county sheriff, the head of any institution where the applicant was incarcerated, the chief of police where any arrest occurred, and municipal court judges for matters that involved a municipal court disposition. Expungement Lawyers in New Jersey™ believes that all of those recipients treat information so provided confidentially. Expungement Lawyers in New Jersey™ is unaware of any instance where filed expungement information has been leaked. However, once filed and served, Expungement Lawyers in New Jersey™ loses control over what happens to that information.
Updating your personal information and contacting Expungement Lawyers in New Jersey™
You can always contact us in order to update the personal information that you have provided to us.
The vast majority of information that Expungement Lawyers in New Jersey™ obtains is from adults. Information that may be obtained from children is protected in the same manner as information obtianed from adults. In addition, before divulging information, Expungement Lawyers in New Jersey™ will confirm with a responsible adult that such divulgence is contemplated. If an attorney-client relationship with a child is established, then Expungement Lawyers in New Jersey™ owes to that child client the same obligation of confidentiality as to an adult. Wishes of the child client and the responsible adult will seldom differ. In the unusual event such differences do arise, it is the wishes of the child client that Expungement Lawyers in New Jersey™ is obliged to honor.
Rules of Professional Conduct
RPC 1.6 Confidentiality of Information
(a) A lawyer shall not reveal information relating to representation of a client unless the client consents after consultation, except for disclosures that are impliedly authorized in order to carry out the representation, and except as stated in paragraphs (b), (c), and (d).
(b) A lawyer shall reveal such information to the proper authorities, as soon as, and to the extent the lawyer reasonably believes necessary, to prevent the client or another person:
(1) from committing a criminal, illegal or fraudulent act that the lawyer reasonably believes is likely to result in death or substantial bodily harm or substantial injury to the financial interest or property of another;
(2) from committing a criminal, illegal or fraudulent act that the lawyer reasonably believes is likely to perpetrate a fraud upon a tribunal.
(c) If a lawyer reveals information pursuant to RPC 1.6(b), the lawyer also may reveal the information to the person threatened to the extent the lawyer reasonably believes is necessary to protect that person from death, substantial bodily harm, substantial financial injury, or substantial property loss.
(d) A lawyer may reveal such information to the extent the lawyer reasonably believes necessary:
(1) to rectify the consequences of a client's criminal, illegal or fraudulent act in the furtherance of which the lawyer's services had been used;
(2) to establish a claim or defense on behalf of the lawyer in a controversy between the lawyer and the client, or to establish a defense to a criminal charge, civil claim or disciplinary complaint against the lawyer based upon the conduct in which the client was involved; or
(3) to comply with other law.
(e) Reasonable belief for purposes of RPC 1.6 is the belief or conclusion of a reasonable lawyer that is based upon information that has some foundation in fact and constitutes prima facie evidence of the matters referred to in subsections (b), (c), or (d).