Overview Description

Records relating to an arrest for which charges were not filed can be expunged upon petition any time following the decision not to charge the person. 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).

Procedure General

A petition must be filed in court. For the specific procedure, see N.J. Stat. § 2C:52-6, 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 petition can be filed at any time.

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