New Jersey Expungement Statutes
N.J.S. 2C:52-6. Arrest or charge not resulting in conviction

a. When a person has been arrested or held to answer for a crime, disorderly persons offense, petty disorderly persons offense, or municipal ordinance violation under the laws of this State or of any governmental entity thereof and proceedings against the person were dismissed, the person was acquitted, or the person was discharged without a conviction or finding of guilt, the Superior Court shall, at the time of dismissal, acquittal, or discharge, or, in any case set forth in paragraph (1) of this subsection, upon receipt of an application from the person, order the expungement of all records and information relating to the arrest or charge.

(1) If proceedings took place in municipal court, the municipal court shall provide the person, upon request, with appropriate documentation to transmit to the Superior Court to request expungement pursuant to procedures developed by the Administrative Office of the Courts. Upon receipt of the documentation, the Superior Court shall enter an ex parte order expunging all records and information relating to the person's arrest or charge.

(2) The provisions of N.J.S. 2C:52-7 through N.J.S. 2C:52-14 shall not apply to an expungement pursuant to this subsection and no fee shall be charged to the person making such application.

(3) An expungement under this subsection shall not be ordered where the dismissal, acquittal, or discharge resulted from a plea bargaining agreement involving the conviction of other charges. This bar, however, shall not apply once the conviction is itself expunged.

(4) The Superior Court shall forward a copy of the expungement order to the appropriate court and to the prosecutor. The prosecutor shall promptly distribute copies of the expungement order to appropriate law enforcement agencies and correctional institutions who have custody and control of the records specified in the order so that they may comply with the requirements of N.J.S. 2C:52-15.

(5) An expungement related to a dismissal, acquittal, or discharge ordered pursuant to this subsection shall not bar any future expungement.

b. When a person did not apply for an expungement of an arrest or charge not resulting in a conviction pursuant to subsection a. of this section, the person may at any time following the disposition of proceedings, present a duly verified petition as provided in N.J.S. 2C:52-7 to the Superior Court in the county in which the disposition occurred praying that records of such arrest and all records and information pertaining thereto be expunged. No fee shall be charged to the person for applying for an expungement of an arrest or charge not resulting in a conviction pursuant to this subsection.

c. Any person who has had charges dismissed against him pursuant to a program of supervisory treatment pursuant to N.J.S. 2C:43-12, or conditional discharge pursuant to N.J.S. 2C:36A-1, or conditional dismissal pursuant to P.L.2013, c. 158 (C.2C:43-13.1 et al.), shall be barred from the relief provided in this section until six months after the entry of the order of dismissal.

d. Any person who has been arrested or held to answer for a crime shall be barred from the relief provided in this section where the dismissal, discharge, or acquittal resulted from a determination that the person was insane or lacked the mental capacity to commit the crime charged.

 Previous   Return To Statutes Menu   Next 

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
or Toll Free: 877-XPUNG-NJ

Former client Y.A. (file 7471) wrote: “Thank you so much for your hard work and dedication to resolve my case.”

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
“Expungements with Dignity”
Copyright © 2003-2020, 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 November 12, 2018, and displayed Sunday 19 January 2020, at 06:08:20 MST.

  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