Overview Description

Records related to an arrest and charge not resulting in a conviction are ordered expunged upon termination of the case or petition. N.J. Stat. § 2C:52-6.
(Cannot link directly to statutes.)

Ineligible Category or Citation

An expungement will not be ordered where the dismissal, acquittal, or discharge resulted from a plea bargaining agreement involving the conviction of other charges, or a determination that the person was insane or lacked the mental capacity to commit the crime charged. N.J. Stat. § 2C:52-6(a)(3), (d).

Procedure General

The superior court orders the expungement of all records relating to the arrest and charge. If the case was handled in the municipal court, the person must request from that court documentation with which to petition the Superior Court for the expungement of all records. For the specific procedure, see N.J. Stat. § 2C:52-6(a).

Fees

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

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 circumstances specified in section 2C:52-27.

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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