Overview Description

Records relating to a delinquency matter that was dismissed or the person was found not delinquent can be expunged upon dismissal so long as the person is not subject to a disqualifying event. N.J. Stat. Ann. § 2C:52-4.1(c).
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Ineligible Category or Citation

A person is ineligible to expunge a record under this provision if the dismissal, acquittal, or discharge resulted from a plea bargaining agreement involving the adjudication of other charges. This bar does not apply once the adjudication is itself expunged. N.J. Stat. Ann. § 2C:52-6(a)(3). Any person who has had charges dismissed pursuant to a program of supervisory treatment, or conditional discharge, or conditional dismissal is barred from the relief provided in this provision. N.J. Stat. Ann. § 2C:52-6(c).

Procedure General

A application can be made immediately following the dismissal or a petition can be filed in court. For the specific procedure when a petition is filed, see N.J. Stat. §§ 2C:52-6(b), 2C:52-7 et seq.

Fees

No fee is charged. N.J. Stat. § 2C:52-6.

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

The person can make application at the time of dismissal or finding that the person was not delinquent. If application was not made at the time of dismissal, the person can file a petition at any time.

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