Expungement of an Arrest Record in New Jersey
Clearing an Arrest That Did Not Result in a Conviction
Expungement of an Arrest Record in NJ
Being arrested and being convicted are not the same thing. A criminal case can end in dismissal, acquittal, or another disposition without a finding of guilt, yet records associated with the arrest may still be a concern.
New Jersey addresses these cases through N.J.S.A. 2C:52-6, which governs arrests that do not result in conviction.
For qualifying cases, New Jersey law provides for expungement at the time the matter is dismissed, the person is acquitted, or the proceedings otherwise end without a conviction or finding of guilt. If the arrest was not expunged when the case ended, the law also provides a procedure for seeking relief afterward.
If you were arrested in Sussex or Warren County and your case ended without a conviction, the expungement lawyers at The Tormey Law Firm can review your record. Call 973-755-1695 for a free consultation.
An Arrest Does Not Have to Become a Conviction to Create Records
An arrest can generate records in several parts of the criminal justice system.
The fact that the prosecutor later dismisses the charge does not change the fact that an arrest occurred. Similarly, an acquittal establishes that the case did not result in a conviction, but records relating to the arrest and prosecution may have been created before that outcome.
Expungement addresses qualifying records associated with an arrest that ended without a conviction.
For that reason, the first question is not simply what someone was originally charged with. The way the case ultimately ended is critical.
What Happens When a Charge Is Dismissed?
When a person was arrested or held to answer for a New Jersey crime, disorderly persons offense, petty disorderly persons offense, or municipal ordinance violation and the proceedings are dismissed, N.J.S.A. 2C:52-6 generally directs the court to order expungement at the time of dismissal.
The statute similarly applies when the person is acquitted or discharged without a conviction or finding of guilt.
This treatment is significantly different from the expungement of a conviction. A qualifying ordinary dismissal does not require the person to wait several years before the arrest can be expunged.
Is There a Waiting Period After an Ordinary Dismissal?
For an ordinary qualifying dismissal under N.J.S.A. 2C:52-6(a), there is no multi-year waiting period comparable to the waiting periods applicable to many convictions.
The statute directs that qualifying relief be ordered at the time of dismissal, acquittal, or discharge.
That should not be confused with cases dismissed after certain diversionary programs. PTI, Conditional Discharge, and Conditional Dismissal are subject to a different timing rule, generally requiring six months to pass after entry of the dismissal order before relief under N.J.S.A. 2C:52-6 is available.
The reason a case was dismissed therefore matters.
What If I Was Found Not Guilty?
An acquittal is also expressly addressed by N.J.S.A. 2C:52-6.
When a person is acquitted and the case ends without a conviction or finding of guilt, the statute generally directs the court to order expungement of the records and information relating to the arrest.
As with a dismissal, a person whose qualifying arrest was not expunged at the time of the acquittal may have a later statutory procedure available to address the record.
What If the Arrest Was Not Expunged When the Case Ended?
A person should not assume that an older arrest was expunged simply because current law provides for expungement when a qualifying case ends without a conviction.
N.J.S.A. 2C:52-6 also provides a procedure for seeking relief after the case has already ended. When a person did not apply, or an applicable prosecutor did not move on the person’s behalf, for an expungement under subsection (a), the person may present a verified petition at any time following the disposition of the proceedings seeking expungement of the arrest records and related information.
Current law permits that petition to be presented to the Superior Court in the county where the person resides or the county in which the disposition occurred.
This procedure can be particularly important for older cases in which a person later discovers that records associated with an arrest remain.
Does It Matter Whether the Case Was in Municipal Court or Superior Court?
Both municipal court and Superior Court matters can fall within N.J.S.A. 2C:52-6.
The statute expressly includes arrests involving crimes, disorderly persons offenses, petty disorderly persons offenses, and municipal ordinance violations.
For proceedings in municipal court, the municipal court follows procedures developed by the Administrative Director of the Courts for the expungement process.
Accordingly, a person should not assume that an arrest is ineligible merely because the underlying case was handled in municipal rather than Superior Court.
Dismissals That Are Treated Differently
Dismissed Charges From a Plea Agreement Are Different
A significant exception applies when charges were dismissed as part of a plea agreement involving a conviction on other charges.
N.J.S.A. 2C:52-6 provides that the ordinary expungement-at-dismissal procedure does not apply when the dismissal, acquittal, or discharge resulted from a plea bargaining agreement involving conviction of other charges.
The statute also provides that this bar no longer applies once the resulting conviction is itself expunged, whether that is a disorderly persons conviction or an indictable conviction.
This means that a dismissed count from a negotiated plea should not automatically be treated the same way as a charge that was independently dismissed without any accompanying conviction.
Diversionary Dismissals Have Their Own Timing Rules
A dismissal following successful completion of a diversionary program should be identified separately from an ordinary dismissal.
Under N.J.S.A. 2C:52-6, charges dismissed after PTI, Conditional Discharge, or Conditional Dismissal are generally not eligible for relief under that section until six months after entry of the dismissal order.
Other diversion programs can have different expungement procedures. Veterans Diversion and Mental Health Diversion, for example, are addressed separately under New Jersey law. Learn more about expungement after a diversionary program.
The word “dismissed” on a case record therefore does not, by itself, establish when expungement is available.
Dismissals Based on Insanity or Lack of Mental Capacity
New Jersey law also contains a narrow exception for certain dismissals involving mental capacity.
A person who was arrested or held to answer for a crime is barred from relief under N.J.S.A. 2C:52-6 when the dismissal, discharge, or acquittal resulted from a determination that the person was insane or lacked the mental capacity to commit the crime charged.
This exception should not be confused with an ordinary dismissal based on insufficient evidence, prosecutorial discretion, or an acquittal on the merits.
What If Some Charges Were Dismissed but Another Charge Resulted in a Conviction?
Every count and disposition should be reviewed together.
If several charges arose from one arrest and all of them were independently dismissed without a conviction, the analysis is different from a case in which some charges were dismissed as part of a plea bargain and another charge resulted in conviction.
The plea-agreement exception in N.J.S.A. 2C:52-6 is especially important in this situation.
A person reviewing an old case should therefore determine not only which charges were dismissed but why they were dismissed and whether another charge resulted in a conviction.
Does a Dismissed Arrest Affect Future Expungement Eligibility?
An expungement ordered following a qualifying dismissal, acquittal, or discharge under N.J.S.A. 2C:52-6 does not itself prevent a person from obtaining another expungement in the future.
The statute expressly provides that an expungement relating to a dismissal, acquittal, or discharge under this provision does not bar a future expungement.
That can be important for someone who has an old dismissed arrest as well as a separate conviction that may later become eligible for expungement.
The separate conviction must still satisfy the requirements applicable to that type of record.
Expungement Does Not Mean the Records Are Physically Destroyed
New Jersey’s expungement law does not generally describe expungement as physically destroying every record.
Instead, the statutory scheme provides for qualifying records to be extracted and isolated from ordinary access.
New Jersey law also contains specific exceptions governing circumstances in which expunged information may still be accessed or used.
For most purposes, however, expungement provides significant legal protection for an eligible arrest record.
Checking an Older Arrest Record
Older cases deserve particular attention because procedures have changed over time.
A person may know that a charge was dismissed years ago but may not know whether an expungement order was ever entered or fully processed.
Reviewing the disposition can help determine whether the case ended through an ordinary dismissal, an acquittal, a diversionary program, a plea agreement, or another resolution. That distinction determines which expungement provision applies and whether any additional action is necessary.
Sussex and Warren County Arrest Expungement Lawyers
The Tormey Law Firm represents clients seeking expungement of arrests and charges that did not result in conviction in Sussex County, Warren County, and throughout New Jersey.
A dismissed case should be reviewed based on how it ended, whether another charge resulted in conviction, whether diversion was involved, and whether an expungement order was previously entered. We also assist with expungement of local ordinance violations and other qualifying records.
If you were arrested in Newton, Sparta, Hopatcong, Vernon, Franklin, Hackettstown, Washington, Phillipsburg, or another Sussex or Warren County municipality and the case ended without a conviction, contact The Tormey Law Firm to discuss whether the arrest record qualifies for expungement under current New Jersey law. Call 973-755-1695 or contact us online for immediate assistance.
