Expunging an Arrest Record in New Jersey

Can an Arrest Be Expunged in New Jersey?

Being arrested can leave a record behind even when the case does not result in a conviction. A person may have the charges dismissed, be found not guilty, or otherwise have the case resolved in his or her favor and still have records associated with the arrest.

For many people, that creates an understandable concern: Why should an arrest continue to appear on my record when I was never convicted?

New Jersey’s expungement laws provide a mechanism for eligible individuals to clear records associated with arrests and charges that did not result in a conviction. Depending on how the case was resolved, an individual may be eligible to seek an expungement without the lengthy waiting periods that can apply to convictions.

The attorneys at the Tormey Law Firm assist clients throughout New Jersey with determining their eligibility and completing the expungement process.

What Happens to an Arrest Record When Charges Are Dismissed?

A dismissal ends the criminal prosecution, but it does not necessarily mean that every record associated with the case immediately disappears.

Records may have been created by law enforcement agencies, the courts, correctional facilities, and other government entities during the arrest and prosecution.

Namely, fingerprints and mugshots. As a result, the fact that a person was arrested or charged may remain part of his or her record even though there was no conviction.

This distinction can be important when a background check is conducted for employment, licensing, volunteer opportunities, housing, or other purposes.

An expungement is designed to address those remaining records.

New Jersey Law on Expunging an Arrest: N.J.S.A. 2C:52-6

N.J.S.A. 2C:52-6 addresses expungements when a person was arrested or charged but the proceedings did not ultimately result in a conviction or finding of guilt.

The statute generally applies when criminal proceedings end in a dismissal, acquittal, discharge without a conviction, or another qualifying disposition.

In many qualifying cases, a person may seek expungement following the disposition of the case rather than waiting for the periods that ordinarily apply when attempting to expunge a conviction.

The circumstances surrounding the dismissal are important, however, because New Jersey law contains specific rules for certain types of dispositions.

Charges Dismissed After PTI or Another Diversionary Program

Different timing rules can apply when charges are dismissed because the defendant successfully completed a diversionary program.

Programs such as Pretrial Intervention (PTI) allow certain defendants to resolve criminal charges without a traditional conviction. When the requirements of the program are successfully completed, the charges may ultimately be dismissed.

Under N.J.S.A. 2C:52-6, however, a dismissal following supervisory treatment or another qualifying diversionary disposition is subject to a waiting period before the associated records can be expunged.

Accordingly, it is important to distinguish between a straightforward dismissal and a dismissal obtained following completion of a diversionary program when determining when an expungement application may be filed.

Are There Arrests That Cannot Be Expunged Under This Provision?

Not every dismissal automatically qualifies for relief under N.J.S.A. 2C:52-6.

For example, the statute contains an exception when the dismissal, discharge, or acquittal resulted from a determination that the individual was insane or lacked the mental capacity to commit the charged offense.

Eligibility therefore depends not only on whether the case was dismissed, but also on why and how the case was resolved.

Reviewing the judgment, disposition, or court record can help determine whether an arrest qualifies for expungement and whether any waiting period applies.

Why Expunge an Arrest If You Were Never Convicted?

It is easy to assume that a dismissed charge should no longer matter. Unfortunately, an arrest record can sometimes continue to create questions long after the underlying case has ended.

Clearing an eligible arrest record may be particularly important for individuals concerned about:

• Employment background checks;
• Professional licenses or certifications;
• Educational opportunities;
• Volunteer positions;
• Certain housing applications; or
• Other situations in which criminal-history information may be requested or reviewed.

For someone whose case ended without a conviction, an expungement can help ensure that the record more accurately reflects the ultimate outcome of the case.

How Does the New Jersey Expungement Process Work?

Obtaining an expungement involves more than simply asking the court to remove an arrest from a background check.

The appropriate records must first be identified and the individual’s eligibility determined. The required information is then submitted through New Jersey’s expungement process so that the matter can be reviewed and, if appropriate, an expungement order entered.

Once an expungement is granted, the order must be implemented by the government agencies that maintain records covered by it.

Because errors involving case numbers, arrest information, dispositions, or other identifying information can complicate or delay an application, it is important that the underlying criminal record be reviewed carefully before the expungement is submitted.

Do I Have to Go to Court for an Arrest Expungement?

Not every expungement requires the applicant to personally appear before a judge.

Whether a hearing becomes necessary depends on the circumstances of the application, including whether an objection is raised or the court requires additional information.

An attorney handling the expungement can address issues that arise during the process and advise the applicant if a court appearance becomes necessary.

Speak With a New Jersey Expungement Attorney

If you were arrested in New Jersey but the charges were later dismissed, you were acquitted, or your case otherwise ended without a conviction, you may be eligible to have the arrest and related records expunged.

The Tormey Law Firm represents clients seeking expungements throughout New Jersey. Our attorneys can review the disposition of your case, determine whether you qualify for relief, and handle the necessary steps to seek removal of eligible records.

Contact the Tormey Law Firm to discuss your New Jersey expungement matter and learn whether your arrest record may be eligible to be cleared.