New Jersey Expungement of an Arrest Attorney
The ramifications of an arrest in New Jersey can negatively impact your life long after the case itself is resolved, regardless of the outcome.Unbeknownst to many, even in cases in which the charges are ultimately dismissed, a record of the initial arrest and the original charge and/or charges remains, and as such, will appear on a criminal background check.
The availability of this information to inquiring parties can hinder your employment opportunities, prevent you from serving as the coach of a youth sports team, or even deter your efforts to adopt a child. Fortunately, New Jersey provides a legal solution for eligible applicants through a process called an expungement, a service Travis J. Tormey provides for his clients on a regular basis.
If you were arrested and charged with a crime or disorderly persons offense in New Jersey and these charges were ultimately dismissed, you immediately become eligible to expunge any record of the arrest and associated charges, allowing you the move on with your life with a truly clean slate. By completing the necessary procedure associated with the expugement process, which entails filing of an expungement petition with the Superior Court of New Jersey and a series of subsequent steps, Mr. Tormey has assisted many of his clients in achieving expungements.
Essentially, if a Superior Judge signs the order approving your expungement, any documentation of your arrest and the charges against you must be erased. As a result, you are legally permitted to respond to the question “Have you ever been arrested?” with the answer “No,” with a a clean criminal record to back you up. It is important to note that there are two exceptions to this rule, applicable only to those pursuing employment in law enforcement or the judicial branch of government. Ultimately, by expunging your arrest and the underlying charges, you can avoid inquiries from potential employers, education institutions, or other interested parties, who may inquire as the circumstances of the case.
By enlisting an experienced criminal defense attorney like Mr. Tormey to facilitate this complex legal process, you can ensure that your expungement petition is submitted, substantiated, and resolved with the best chances for a successful outcome, and (in most cases) you never even have to appear in court.
Mr. Tormey is available anytime to discuss your potential eligibility for an expungement in New Jersey. Contact the offices of The Tormey Law Firm at (201)-556-1570 for a free consultation.
Expungement of an Arrest Not Resulting in a Conviction: N.J.S.A. 2C:52-6
New Jersey allows for the expungement of an arrests that do no result in conviction under N.J.S.A. 2C:52-6. Per the dictates of this statute, all cases resulting in dismissals are eligible for expungement, with two caveats pertaining to defendants who are either enrolled in a diversionary program prior to the dismissal of the charges or those whose charges were dismissed due to mental incapacity or insanity. Specifically, a person whose charges were dismissed after his or her successful completion of a diversionary program is subject to a 6-month waiting period before expungement eligibility. Further, a court determination of insanity or mentally incapacitation which results in the dismissal of the charges against a defendant disqualifies him or her for an expungement.
According to N.J.S.A. 2C:52-6:
(a) In all cases, except as herein provided, wherein 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 against whom proceedings were dismissed, or who was acquitted, or who was discharged without a conviction or finding of guilt, may at any time following the disposition of proceedings, present a duly verified petition 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.
(b) Any person who has had charges dismissed against him pursuant to P.L.1970, c. 226, § 27 (C. 24:21-27) [FN1] or pursuant to a program of supervisory treatment, shall be barred from the relief provided in this section until 6 months after the entry of the order of dismissal.
(c) 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.
Contact an Experienced Expungement Lawyer for a Free Consultation
An expungement can significantly improve your life, creating opportunities which may have otherwise been out of your reach, even if you were ultimately found “not guilty.” Contact Travis J. Tormey anytime at (201)-556-1570 for more information about expunging your arrest in New Jersey, and take the first step to a better life. Consultations are always provided at no cost.