Overview Description

Records relating to criminal offenses that were discharged following a term of special probation can be expunged by the court. N.J. Stat. § 2C:35-14(m).
(Cannot link directly to statutes.)

Ineligible Category or Citation

Offenses specified in sections 2C:52-2(b) and (c) are ineligible for expungement. N.J. Stat. § 2C:35-14(m)(2).

Procedure General

The procedure is automatic. Upon the successful completion of special probation for drug or alcohol treatment, the Superior Court can order the expungement of the records. N.J. Stat. § 2C:35-14(m).

Fees

There are no fees. N.J. Stat. § 2C:35-14(m)(1).

Effect

Records are not released or utilized other than for specified purposes. The arrest and proceedings are deemed not to have occurred, and the person can answer accordingly, except in the circumstances specified in section 2C:52-27.

If the person whose records are expunged is convicted of any crime following discharge from the special probation, the full record of arrests and convictions can be restored to public access and no future expungement will be granted. N.J. Stat. § 2C:35-14(m)(4).

Forms

For information on clearing a record in New Jersey, visit here.

Waiting Periods

There is no statutory language regarding a waiting period.

 

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