How do I expunge an arrest from my record?

Warren County Expungement Lawyers

Expunge an Arrest from my record

New Jersey maintains a record of all arrests that take place within the State, regardless of the how the case ends up. In other words, if you were arrested in Sussex or Warren County and the charges were dropped, your case was dismissed, or you were found not guilty after trial, there will still be a permanent record of the fact that you were arrested – the arrest record simply does not automatically disappear. However, New Jersey’s expungement laws permit a person to apply for the expungement of arrests and any prior expungement of an arrest record does not prevent one from applying for any future expungement. And, there is no waiting period to apply for the expungement of the arrest record. If you want to expunge your arrest records in Sussex and Warren County, contact the expungement lawyers at the Tormey Law Firm.

Expunge an Arrest – N.J.S.A. 2C:52-6

According to N.J.S.A. 2C:52-6, when a person has been arrested or held to answer for a crime, disorderly persons offense, petty disorderly persons offense, or municipal ordinance violation under the laws of this State or of any governmental entity thereof and proceedings against the person were dismissed, the person was acquitted, or the person was discharged without a conviction or finding of guilt, the Superior Court shall, at the time of dismissal, acquittal, or discharge, upon receipt of an application from the person or any time thereafter, order the expungement of all records and information relating to the arrest or charge. Additionally, if proceedings took place in municipal court, the municipal court shall provide the person, upon request, with appropriate documentation to transmit to the Superior Court to request expungement pursuant to procedures developed by the Administrative Office of the Courts and upon receipt of the documentation, the Superior Court shall enter an ex parte order expunging all records and information relating to the person’s arrest or charge.

The only exception to the automatic eligibility for expungement of an arrest record in New Jersey is that an expungement of an arrest shall not be ordered where the dismissal, acquittal, or discharge resulted from a plea-bargaining agreement involving the conviction of other charges. But that exception shall not apply once the conviction is itself expunged. Additionally, any person who has been arrested or held to answer for a crime shall be barred from expungement where the dismissal, discharge, or acquittal resulted from a determination that the person was insane or lacked the mental capacity to commit the crime charged.

How does the expungement process work?

An expungement is essentially a motion filed in the Superior Court in the county in which you were charged, arrested, and/or convicted. First, we must request a certified disposition from the court showing what charges you had and how those charges were resolved. This must be a certified (stamped) copy that we attach as an exhibit to your expungement petition. Then, we must draft the expungement motion which includes a certification that the client must sign. Once the motion is drafted and the certification is signed, we can file the motion with the court. We must send copies of this motion, certified mail, to all the law enforcement agencies in New Jersey letting them know that we are applying to have your records expunged. These agencies include the local police, attorney general, etc. Then, we will receive a copy back from the court which shows that the motion was successfully filed. At this point, the court will set a hearing date for the expungement. Most expungements proceed “on the papers” so there is no need to appear at the hearing. As long as the prosecutor’s office does not object to the expungement, a Superior Court Judge will sign an order granting the motion to expunge your records. Once we receive this signed order from the court, we must again send certified copies of it to all the law enforcement agencies so that they then remove your records.

Note: The records are not destroyed. They are set aside so they no longer show up on background checks. The expungement process takes a minimum of 90 days but can take up to six (6) months or longer. It depends on the court and the county in which you are filing.

If you were arrested in Sussex or Warren County and you are interested in discussing the expungement of your arrest record, contact the expungement attorneys at the Tormey Law Firm now for immediate assistance at 973-755-1695.