Overview Description

Records relating to an adjudication that would have constituted a crime if committed by an adult can be expunged upon petition, so long as the person is not subject to a disqualifying event and at least 10 years have elapsed from the date of the most recent adjudication or completion of all disposition requirements, whichever is later. N.J. Stat. § 2C:52-4.1(a)(1).
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Ineligible Category or Citation

A person is ineligible to expunge the record under this column if the person has been: (a) adjudicated of any prior or subsequent offense; (b) convicted of any prior or subsequent crime; or (c) convicted of a disorderly persons or petty disorderly persons offense on more than two occasions. N.J. Stat. Ann. § 2C:52-2(a).

Procedure General

A petition must be filed with the court in the county of adjudication. For the specific procedure, see N.J. Stat. §§ 2C:52-2, 2C:52-7 et seq.

Fees

A $30 fee is required. N.J. Stat. § 2C:52-29.

Effect

Expungement means the extraction and isolation of all records on file within any court, detention or correctional facility, or law enforcement or criminal justice agency concerning a person's detection, apprehension, arrest, detention, trial, or disposition of an offense within the criminal justice system. N.J. Stat. Ann. § 2C:52-1.

If an order of expungement is granted, the arrest, conviction, and any related proceedings will be deemed not to have occurred, and the petitioner can answer any questions relating to their occurrence accordingly except in the circumstances specified in section 2C:52-27.

Waiting Periods

A petition can be filed 10 years from the date of the petitioner's most recent adjudication, payment of fine, satisfactory completion of probation, or release from placement, whichever is later. However, the waiting period is waivable. For the factors the court will consider in determining whether to waive the 10-year waiting period, see section 2C:52-2(a).

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