Overview Description

The entire record relating to delinquency adjudications can be expunged upon petition, so long as three years have elapsed and the person is not subject to a disqualifying event. N.J. Stat. Ann. § 2C:52-4.1(b).
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Ineligible Category or Citation

A person is ineligible to expunge a record under this provision if the person has: (a) convicted of a crime, or a disorderly or petty disorderly persons offense, or adjudged a delinquent, or in need of supervision, during the three years prior to the filing of the petition; (b) a pending proceeding or complaint seeking such a conviction or adjudication; (c) been adjudged a juvenile delinquent on the basis of an act which if committed by an adult would constitute a crime not subject to expungement under N.J.S.2C:52-2; (d) had an adult conviction expunged; or (e) ever had adult criminal charges dismissed following completion of a supervisory treatment or other diversion program. N.J. Stat. Ann. § 2C:52-4.1(b).

Procedure General

A petition must be filed with the court in the county of adjudication. For the specific procedure, see N.J. Stat. §§ 2C:52-4, 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 when three years have elapsed since the final discharge from custody or supervision or since the entry of any other court order not involving custody or supervision. For more information on calculating the three-year waiting period, see section 2C:52-4.1(b)(1).

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