Reports classified as “substantiated” or “not substantiated“ cannot be expunged. Reports classified as “unfounded” are expunged (eventually) automatically.

Expungement of Child Abuse Reports in New Jersey

New Jersey Statute 9:6-8.11 requires the Division of Child Protection and Permanency (“CPP”), formerly called the Division of Youth and Family Services (“DYFS”), to memorialize all reports of alleged child abuse in a child abuse registry. All such reports must be investigated. Upon conclusion of its investigation, the reports are assigned one of three classifications: Substantiated, not substantiated, and unfounded. Parties dissatisfied with the assigned classification can appeal.

New Jersey statutes contain no provision to expunge reports classified as substantiated or not substantiated. It is only classifications of unfounded that can be expunged. For that reason, if a report against you has been classified either as substantiated or not substantiated, a record of that classification remains permanently unless it is successfully appealed. The notice of appeal must be filed within forty-five days of final agency action. Do not wait, of course, for the forty-fifth day. Preparing and filing the appeal takes time!

Expungement of unfounded records is actually required. The statute that requires it is N.J.S. 9:6-8.40a. N.J.S. 9:6-8.40a requires CPP to administratively expunge those records.

CPP has promultated regulations that implement N.J.S. 9:6-8.40a. Those regulations are codified in the New Jersey Administrative Code at N.J.A.C. 10:129-8.2. Under N.J.A.C. 10:129-8.2, unfounded entries will be routinely expunged only for findings made after April 6, 1997. There is a three-year waiting period. Expungements of entries made on and before April 6, 1997, must be specifically requested. N.J.A.C. 10:129-8.2 specifies how those requests are to be made.

 A New Beginning     FAQ     Difficult Cases     Our Guarantee     Eligibility Review     Your Arrest History 

 Testimonials     “Plan B”     *** New Law ***     Court Decisions     After the Expungement     DNA 

 Mental Health Records     Child Abuse Registry     Motor Vehicle Offenses     Radio Promo     Contact Us!   



Law Offices of Allan MarainNJ and New Jersey arrested can expunge criminal records and convictions for crimes and dismissed.
Attorney and Counsellors at Law
100 Bayard Street
P.O. Box 1030
New Brunswick NJ 08903
732-828-2020
or Toll Free: 877-XPUNG-NJ
(877-978-6465)
email: Info@NJExpungements.com

Former client H.Y. (file 6940) wrote: “Thank You”

Refresh this page for a testimonial from another random client.
Click for a tsunami of testimonials from other former clients.

Expungement Lawyers in New Jersey™ and NJExpungements.com
Copyright © 2003-2018, Allan Marain, New Brunswick, New Jersey, all rights reserved.
For information, questions, or suggestions about our site, please email our webmaster.

Our privacy policy is available for your review on a separate page on this site.
Web site design by DNEBA Enterprises » Accessible and Effective Web Design.
Search engine optimization by Rank Magic.
Hosted by Westhost »When you expect more from your Web host.
Page last updated August 01, 2018, and displayed Tuesday 23 October 2018, at 10:33:42 MDT.


  10.0Allan Marain   Valid XHTML 1.0 Transitional Valid CSS!   [ Powered by Apache ]   Dynamic Drive provides much-valued technical assistance for attorneys at law in New Jersey court defense