Expungement: Arrests not resulting in conviction – 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 as provided in section 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.
b. Any person who has had charges dismissed against him pursuant to P.L.1970, c. 226, § 27 (C. 24:21-27) 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.
Expungement Explained
Expungement is the erasing of your criminal record from the public view. Once an individual’s criminal record is expunged, the public and the court do not have access to the record unless a court order is authorized. Also, a person is able to say under oath that they have never been convicted of a crime. In order to qualify for an expungement on your record, your criminal past cannot include charges of murder, manslaughter, arson, crimes against children, certain drug charges and most sex crimes. Driving while intoxicated charges or other motor vehicle charges cannot be expunged. If you have a municipal ordinance violation on your record, you only have to wait two years instead of ten to apply for expungement of your record. A person with any other type of indictable offense may be eligible for expungement of their record if they meet the following criteria:
- 10 years or more must have passed since the completing of the individual’s sentence.
- You have no charges currently pending
- You have no other convictions in state or out of state.
- You have less than three disorderly or petty disorderly persons offenses.
- You have not been in the Pretrial Intervention program which allowed your charges to be dismissed.
- You have not had any other convictions expunged.
